Advocate Aakash Kumar Dwivedi

Questions Answered by Advocate Aakash Kumar Dwivedi

Q: Physcial assault by mall security

I had gone to watch a movie with my brothers at a nearby mall. After the show ended, we went to use the washroom and while exiting the washroom, I merely peeked (no touching) at one of the food outlets. nnThe security guard on the floor started shouting at us so we asked him what the matter was. When we asked him his name, he hid his badge and called the security in charge. When we asked them how is it a crime to look at something while walking by they got into an argument. Then the security guards including the security in-charge, around 6-7 people started hitting us. nnWhat are my options?

Advocate Aakash Kumar Dwivedi answered
323. Punishment for voluntarily causing hurt. —Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

Q: For admission regarding case statud

Need to know what is meaning of .... if case status for admission

Advocate Aakash Kumar Dwivedi answered
Divorce is a method by which the marriage or marital union between two adults terminated or comes to an end, so it is also known as dissolution of marriage. It is the way to dissolve the bonds of matrimony under the rule of law of any particular country. In India divorce has different procedure in different religion as till date India has not adopted Uniform Civil Code. So the Hindu marriage Act, 1955 governs the divorce for the Hindus, Jain, Sikhs, and Buddhists.1.Grounds for Divorce under the Hindu Marriage Act, 1955The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed adultery. Adultery is counted as a criminal offense and substantial proof are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill-treatment and abuses to acquire dowry, perverse sexual act etc are included under cruelty.Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.Conversion – In case either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. Sexually transmitted diseases like AIDS are accounted to be venereal diseases.Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.The following are the grounds for divorce in India on which a petition can be filed only by the wife.1) If the husband has indulged in rape, bestiality and sodomy.2) If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce.3) A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.4) If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce.2.Grounds for Divorce under the Dissolution of Muslim Marriage act, 1939Based on the Dissolution of Muslim Marriage Act, 1939, a Muslim woman can seek divorce on the following grounds for divorce in India.1)The husband’s whereabouts are unknown for a period of four years.2)The husband has failed to provide maintenance to the wife for at least two years.3)The husband has been under imprisonment for seven or more years.4)The husband is unable to meet the marital obligations.5)If the girl is married before fifteen and decides to end the relationship before she turns eighteen.6)The husband indulges in acts of cruelty.3.Grounds for Divorce under the Indian Divorce Act, 1869The following are the grounds of divorce mentioned under the Indian Divorce Act, 1869.1) Adultery2) Conversion to another religion3) One of the couples suffering from an unsound mind, leprosy or communicable venereal disease for at least two years before the filing of the divorce.4) Not been seen or heard alive for a period of seven or more years.5) Failure in observing the restitution of conjugal rights for at least two years.6) Inflicting cruelty and giving rise to mental anxiety that can be injurious to health and life.7) Wife can file a divorce based on the grounds of rape, sodomy and bestiality.4.Grounds for Divorce under the Parsi Marriage and Divorce Act, 1936 (Amendment 1988)The following are the grounds for divorce in India included in the Parsi Marriage and Divorce Act, 1936 and the amendment of the same in 1988.1) Continuous absence of seven years.2) Non-consummation of marriage within one year.3) Unsound mind provided the other spouse was unaware of the fact at the time of marriage and the divorce must be filed within three years of marriage.4) Pregnancy by some other man, provided the husband was unaware of the incident during the time of marriage and that he must not have undergone sexual intercourse after he came to know about the situation. The divorce must be filed within two years of marriage.5) Adultery, bigamy, fornication, rape, or any other type of perverse sexual act.6) Act of cruelty7) Suffering from venereal disease or forcing the wife into prostitution.8) Sentenced to prison for seven years or more9) Desertion for two or more years10) Non-resumption of cohabitation after passing an order of maintenance or a decree of judicial separation.

Q: Wrong allegation from wife side

I and my wife are living with cousin since 2 years since his parents have expired. He got married on February. But from starting his wife's behaviour was not good. They kept fighting and she never cared for my cousin instead she was demanding always trying to dominate and be boss. My cousin complained this to her parents. But around 5 days before her parents came . Her father abused and threatened my cousin and my parents . His wife was putting wrong allegations on her husband and my wife, that they are having extra marital affair. Then they left for their home in other city. Now she and her father are threatening to my cousin and my father.Please tell har to do to save us

Advocate Aakash Kumar Dwivedi answered
Section 9 of the HMA, 1955 talks about restitution of conjugal rights that states that in a situation where a husband or wife withdraws from the society of the other spouse without giving them any reasonable cause then the other spouse has the remedy to file a petition before a district court for restitution of conjugal rights. If the court is satisfied that the statements presented in the petition are true and there is no legal bar in granting the remedy of restitution then the court may pass the decree of restitution of conjugal rights.

Q: Dahej act lgane ki dhamki dete hai

Bhabhi or usk mayke vale dahej act lgane ki dhamki dete hai qa kre? Bhabhi kul mila k 2 mahine family me rh h us bich usse koi takleef nh di gai fir bhi usk ghar vale jhutha arop la rhe h ki hm use torture krte hai... Qa kre hm?

Advocate Aakash Kumar Dwivedi answered
उसके लिए आप पहले से पेशबंदी कर लीजिए जिससे कि उस औरत के द्वारा लगाए गए मुकदमो में आप लोग व आप का परिवार न अपराधी बने और अपने बेटे को अपनी संपत्ति से बेदखली का वाद माननीय न्यायालय में दाखिल कराया दे।अन्य विधिक सलाह के लिए संपर्क करे आकाश कुमार द्विवदीअधिवक्ता ।।।

Q: Can I File Maintenance And DV Together?

My husband filed 13A. Mediation was failed so I filed for maintenance and on other hand filed dv case for which counselling is ongoing. Counselor asked for maintenance case paper. I want to know can I file dv and maintenance all together or I got trapped now?

Advocate Aakash Kumar Dwivedi answered
Yes of course but firstly you can decide wat actually you want from your husband is it maintenance or divorce set u r mind , than decide and then file the suit. against your husband kindly contact me personally for more information I provide you the best way..