Advocate Abhyudaika Barwal

Questions Answered by Advocate Abhyudaika Barwal

Q: Can i get one sided divorce from my husband if he is not ready

Can i get one sided divorce from my husband if he is not ready for divorce and he is shifting to canada in next few days or is this possible to take divorce from him after he gone

Advocate Abhyudaika Barwal answered
You can file got mutual divorce and appear in the first motion and he can then give his statement through his parents if you go for mutual divorce. In case of the other party not being ready, you can file a case now or later also. He will have to be served in the foreign country and we need his address for that. The option is for you both to decide. Please contact me so we can discuss this further.

Q: CORRESPONDENCE DEGREE FROM UNIVERSITY WITHOUT RECOGINITION OF UGC(DEB)

RESEPECTED SIR/MADAM, I PASSED MY GRADUATION DEGREE FROM A UNIVERSITY AND RECEIVED MY MARKSHEET AND DEGREE CERTIFICATE FROM THE UNIVERSITY AS WELL. BUT THE RECENTLY I HAVE COME TO KNOW THAT THE UNIVERSITY DEGREE WHICH I GOT IN 2017 IS NOT RECOGINISED BY UNIVERSITY GRANT COMMISSION (DISTANCE EDUCATION BUREAU). WHICH MEANS THE DEGREE IS INVALID FOR GOVERNMENT SERVICES. WHAT ACTION I CAN TAKE AGAINST THE UNIVERSITY. AS THERE MUST BE SO MANY STUDENTS LIKE ME, WHO GOT THEIR MONEY AND TIME WASTED.

Advocate Abhyudaika Barwal answered
You can file a writ in the High Court seeking direction for UGC to investigate and give validity to your degree. The HC has power to direct the UGC, the lower courts can only grant you compensation, but that will not resolve your issue of having studied all these years and getting a degree. The UGC is the authority that is responsible to check and make sure that any institute offering courses is legally capable to do so. In this case, we will have to also see the history of the institution and the circumstances of this degree not being valid. Please contact me for further discussion.

Q: My in laws are greedy and they are highly demanded

My husband send to my parents house to take money for go for foreign country and my marriage time is over 9 year and many time they should be harrasment on me once I try to suicide because they demand for furniture and car and clothes. I have 8 years son he already with me. My husband does not give any money on my hand my parents always help me. I want to take divorce but in laws does not want to give any money. What can I do ?

Advocate Abhyudaika Barwal answered
Your husband has a responsibility to maintain you and your child. You can opt for alimony in divorce and seek maintenance for yourself and your child. There seem to be enough grounds for divorce and can move ahead with filing it.

Q: How to divorce without mutual consent

I want to divorce my wife who I haven’t really lived with since after the marriage (only occasional visits) and we really don’t get along. The marriage was just forced on me by my grandfather that time when I was in a relationship with another woman who I’ve been living with since after the marriage until now without my wife’s knowledge. I only stayed coz we have a son and didn’t know how to end it. But now I really need to end it as it’s a torture for me and also for her

Advocate Abhyudaika Barwal answered
You can file for contested divorce. You will have to give the court grounds for why you want to divorce your wife on the basis of grounds mentioned in the relevant act. thereafter the court will look into the matter and grant you divorce accordingly.

Q: Defamation of a girl through text message

My younger brother (age 22, general category) , three years ago in college sent a message to a girl (SC), using banned word about her caste and abusive words (sexually inappropriate referring to private parts in order to humiliate her). He sent the message through his friend's ID, but latter accepted on his own whatsapp that he himself sent that. She have all the messages as proof. Can she file a case now? If yes, what are the chances of my brother loosing his govt job ? And after the incident three years ago, he apologized to her in person, and on chat, she said she forgave him (message proof is there).

Advocate Abhyudaika Barwal answered
he may or may not lose his job depending upon the nature of case she files and upon the nature of charges that are drawn up against. but as a general rule, during the pendency of criminal trial, he will be suspended from his job.