Advocate Aditya Shukla

Questions Answered by Advocate Aditya Shukla (25+ answers)

Q: Ipc 323 164, 332..353..504..506 compromisable? What to do now??

Is this section 323 504 and 506 are compromisable what is the right way to finish this all sections? I m student is this effect my career??

Advocate Aditya Shukla answered
IPC 323: Voluntarily causing hurt.IPC 504: Intentional Insult.These Indian Penal Code Sections can be compromised.IPC 506: Criminal IntimidationIPC 332: Voluntarily causing hurt to deter public servant from his duty.IPC 353: Using assault or criminal force to deter public servant to discharge his duty.The Indian penal code sections can't be compromised.You can file a Criminal Writ Petition before the High Court to seek remedy in that matter and contest your case at the trial court.

Q: Khula notice format for Sunni Muslim.

Please provide me with a khula notice format, including the necessary points it should cover, and what items a girl must return after seeking khula.

Advocate Aditya Shukla answered
You can initiate khula, and it will be final when the husband accepts it.But, while taking khula, the wife will have to part with dower (full or a part) or some property.You have one more better option of approaching the court for dissolution of marriage.In this, the wife can seek divorce on the grounds provided in Muslim dissolution of marriage act 1939.

Q: Can wife claim maintenance after ex parte divorce ?

My wife had filed 498A against me in 2015; Crpc 125 in 2016 and divorce in 2017 at Ghaziabad court. While 498A and Crpc 125 proceedings are going on, she has obtained ex-parte divorce (filed by her). Can she still claim ex parte divorce alimony from me as we are not husband and wife now? Please advise what will be the impact of divorce on remaining cases?

Advocate Aditya Shukla answered
Exparte divorce decree has nothing to do with the claim for maintenance under section 125 Crpc.She may claim maintenance for herself and the minor child provided that she is not employed or not remarried.If the maintenance application is filed by your wife, the court will grant interim maintenance if your wife is not able to support herself or is not earning.DIVORCE HAS NO IMPACT UPON THE OFFENCE U/S 498A IPC.As it is a criminal offence for harassment and cruelty.The trial in 498A IPC and other dowry related cases will go on until it has not been compromised and withdrawn.You can file an application before the High Court for Quashing the said 498A case after finding serious loopholes in the charge sheet filed against you by the police in the 498A case and after collecting irrefutable evidence against the said Domestic Violence case.If the cases are running the in the trial court then you cannot apply for quash in the high court, you may have to confront them in the trial proceedings only.

Q: how much liquor can i carry in car from Delhi to Noida

Hello Sir, while returning from my office (gurgaon) to Noida I bought 2 bottle of red wine and kept it in my office cab with one more colleague accompanying with me. But at delhi noida border (near Kalindi Kunj), Police stopped our cab and started searching and they found those two bottle. After that they filled a form and took my signature over there and kept my bottles also. They told me that I will geytting summon from CJM then I will have to go and pay the fine. I don't know if it was correct rule or what. I asked them this much we can carry but they told not a single drop you can carry.. how much liquor can i carry from one state to another ? pls suggest

Advocate Aditya Shukla answered
The cost of alcohol is cheap in Delhi so, mostly people buy alcohol from Delhi and sell in UP, this is why the UP excise department has made it strict to carry only one opened bottle from another state to UP.“Sealed bottles are not allowed and anyone caught with even one sealed bottle will be booked under the Excise Act for smuggling liquor.

Q: Defame me and my miner beti by my brother-in-law

Mujhe or mere beti ko mera devar badnam kar raha hai, office ke staff ko or jan pahchan ke logo ko what’s up ke madhyam se kuch galat galat kah raha hai mere personal photo bhej raha hai, wah Bihar Mai hai Mai up Mai iske liye mujhe kya karna chayein, please help me

Advocate Aditya Shukla answered
File a complaint or First Information Report against him u/s 499, 500, 504, 506 IPC with your native Police Station.Police would investigate that matter after that and file a report as well as stop him from circulating all the nonsense.