Advocate Shalini Devi

Questions Answered by Advocate Shalini Devi

Q: Regarding fake dowry and domestic violence and fake FIR against me

My wife filed fake charges against me and my family. Charges including dowry and domestic violence and many more which are completely fake. She stayed with us only for 3 months after marriage. Now it's been 1 year for marriage. She filed FIR as well in last month. Now she filed divorce with all fake allegations. What should be done in ths case?

Advocate Shalini Devi answered
You have to appear in court first few dates will be counselling then your written statement has to be filed point wise defence of all the allegation any other facts which you want to bring forward .it is possible during counselling an amicable agreement maybe agreed upon to file mutual consent divorce.

Q: Future Validity of Mou On Stamp Paper

If any mou is signed on which it is written that dowry neither taken nor demanded can it debbared to file cases again in future if dispute arises again

Advocate Shalini Devi answered
It will be taken into consideration but future of incidence of dowry demand is there , complaint can be filed as the agreement was for past upto the date signed . After the agreement is signed then claiming that dowry was demanded and given will be difficult and also bear in mind giving dowry is also a crime like taking dowry

Q: Petition filed by my husband for divorce

I got a call from a guy claiming he is from court and that my husband has filed for divorce and I had to come and collect it and sign for it.shouldn't he send it to my residing address.My husband knows my residing address.M a working woman n have no time.What happens if I can't I will have to take leave anyways for court hearing.What should I do?

Advocate Shalini Devi answered
The court bailiff will serve the summons on you at your residence or place of work alternatively it might be sent through speed post . You can check online on ecourts entering your name the status code F any petition is filed by your husband.

Q: Restitution of conjugal rights - allowed

I am ready to go with my husband in restitution case but he is hesitating. Just gave him one more date and said, " appear on next date or i will allow the petition" What does this statement means? nWill court pass the order that i can stay at my matrimonial home?nAfter order the case will be disposed and closed?

Advocate Shalini Devi answered
Is it your husband who filed for he petition ? At what stage is it now? Have you not been appearing regularly? Need much more details to be able to reply appropriately. Once the the Petition is allowed matter is day disposed off.

Q: Girl child custody with father whether possible

Respected MembersI have 2 daughters. 8 Years old and 2nd one is 2 and half years old. Myself and my wife both are working in public sector bank. My wife had sent me divorce notice and also asked me not to meet my daughters. Presently all of them staying at my in law's home. Our case is not yet filled in court. She wants mutual divorce. But I am against it and trying for reconciliation and want to stay together. Her lawyer is also asking for child care fund./ alimony. Can you please guide me on the above matter

Advocate Shalini Devi answered
You can reply to her legal notice stating your desire for reconciliation / joint meeting to work things outYou have not stated why your wife left matrimonial home etc . Rest can discuss only after further details of the matter is disclosed.