Advocate Sanjay Dubey

Questions Answered by Advocate Sanjay Dubey

Q: Unknown person called to inform that FIR has been filed against me

Few days back one of my friend got a call from a person stating himself as a lawyer and asking for me. He said a FIR filed in Delhi against my name. Please advice what to do in this case.

Advocate Sanjay Dubey answered
As per you if FIR has been filed against you then check in which police station of Delhi & immediately apply for anticipatory bail through a lawyer to seek your protection from arrest in false case otherwise police will come to u & arrest you

Q: Divorce case to be filed by husband what can I do

. Under what circumstances a man can file a divorce case immediately after marriage if it has been a force marriage from the Boy's side. The Boy has been in a relationship with a girl from past 8 years and truly loves that girl. His family pressurized him emotionally and harassing because of their society and their culture and got him married without his consent. Now he is not happy with the marriage and he does not even want to continue it.

Advocate Sanjay Dubey answered
As per you if it has been a force marriage from the Boy's side & Boy has been in a relationship with a girl from past 8 years and truly loves that girl. Besides as per you if his family pressurized him emotionally and harassing because of their society and their culture and got him married without his consent. Now if he is not happy with the marriage and he does not even want to continue it then he can file divorce in family court u/s 12(1) c of Hindu Marriage Act on following grounds as :-Section 12 of Hindu Marriage Act, 1955 deals withVoidable Marriages- (1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-(a) that the marriage has not been consummated owing to the impotency of the respondent; or(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.Rest u may call & discuss if intend to do so.

Q: Can family court's order of interim maintenance be challenged in HC

Can a grant of Interim maintenance order by Principal Judge Family court be challenged in High Court by filing a Criminal revision under section 397/401 of CrPC READ WITH 482 CrPC OR It is necessary to file it under section 19 of the family court act . If petition filed under 397/401 , can the court reject it on the ground that it should be filed under family court act

Advocate Sanjay Dubey answered
Yes grant of interim maintenance passed by principal judge of family court can be challenged in High court. No need to file revision but same can be challenged by filing criminal writ petition in High Court.

Q: Husband not taking care of wife and child

Husband stays away wantedly since marriage,and does not take any responsibility of family, nor child expenses.Escapes any encounter to avoid all responsibilities.Please suggest which case to be filed against him and his parents for being irresponsible and mentally torturing wife and her family from the day of marriage.

Advocate Sanjay Dubey answered
As per yr query if husband does not take his marital responsibilities then you may file case of maintenance in family court.You may also file case of domestic violence to seek domestic shelter in matrimonial house. If has been committing the act of cruelty along with making demand of any money from you then you may file complaint to CAW cell who will call your husband & will register an FIR against him after which he will discharge all his matrimonial obligations.

Q: Sexual exploitation with the promise of marriage what can I do

Sexual exploitation with the promise of marriage. how can complaint complaint this harassment and cheating.

Advocate Sanjay Dubey answered
U CAN FILE CASE OF CHEATING/BREACH OF TRUST ALONG WITH ALLEGATIONS OF RAPE ON HIM IF HE HAS SEXUALLY EXPLOITED U WITH PROMISE OF MARRYING U. REST U MAY CALL & DISCUSS FOR YOUR LEGAL REMEDIES WHICH CAN GET HIM PROSECUTED.