Advocate Aditya Vishal Chaurasia

Questions Answered by Advocate Aditya Vishal Chaurasia

Q: Legal documentation between a couple for divorce settlement

I was married with a girl about 6 months back. From the day one of marriage, She always ran to her mother house by making different excuses. She always complaint and fight about my old widow mother, my dark complexion, our small house and other issues. Now, She doesn't want to live with me anymore and want to marry some other guy in her neighborhood. She filed a complained against me and my family member in Mahila Thana (NCW) on 25th July 2018 to extort 15 Lakhs rupees. She put very serious charges against me and my family members for dowry harassment, attempt to murder and even rape charges against my elder brother. We are even ready to pay her this huge amount of Rs 15 Lakhs to her but she wants the money immediately without waiting for the file of divorce otherwise telling us to face the consequences. Sir, We are living with fear and don't know how to handle this situation. Please suggest me on the following points: 1. Is there any way to legally bind her in some contract/agreement

Advocate Aditya Vishal Chaurasia answered
First of all you should clear your district and state.By the way if you belongs to Uttar Pradesh you should collect FIR certified copy and approach the High Court with challenging the FIR for stay, most probably case may refer to mediation centre for compromise, it could be settle befor judiciary.

Q: Can I legally marry my mother's half cousin brother

I m in love with mother's half cousin (i.e happens to bey maternal grandfather's half brother's (sharing mother) son... We are in love since years... But cannot find da legality of our marriage.... Plz help up out.... Ll marring under arya samaj make it leagal? And also we are hindu by religion.

Advocate Aditya Vishal Chaurasia answered
Yes why not you marry them with legally after marriage in arya saman you need to register the marriage. You will be legally married couple in eye of the law.If any family objection you can seek direction from High court not to interfere in own life state will protect.

Q: Legal procedure for divorce & to claim maintenance

I married on 8feb 2017.hindu ..married according to hindu marriage act.husband is a govt employee in ntpc executive posted in allahabad.in law home is indore.husband doesnt want to keep me with him instead he married me to be at village with his parents as servant.differnces grew up and i had to return to kanpur with my mother.he filed section 9 in just 5 days and asked me to stay at village if i want to save marriage otherwise he will file section 13 contested divorce after 8th feb (one year of marriage).he is not ready to keep me with him in his service accomodation. Let me know what can i do with this case further ..how can i bring the case from indore to kanpur n how long will it stretch n interim maintenence in my case

Advocate Aditya Vishal Chaurasia answered
I think by u/s 9 and 13 of Hindu marriage act he is blackmailing you.If you think so,first of all you should lodge the FIR against your husband and his family for demanding dowry and quarrel with you and your family in your native place and initiate the proceedings of section 125 of C.rpc for maintenance.

Q: Audio recording as an evidence to prove adultery case

Is audio recording an authentic evidence to prove adultery?

Advocate Aditya Vishal Chaurasia answered
Audio recording is electronic records under the evidence act all documents including electronic records produced for inspection of the court which the court permits or required to be made before it by witness in relation to the matter of fact under inquiry.Yes audio record is an evidence.

Q: Wife want divorce but I don't want to give divorce, what to do

I don't want divorce but my wife want what should i do?

Advocate Aditya Vishal Chaurasia answered
Order of the dissolution of her marriage / as per section 13(2) a wife can be obtain by court under circumstances/ condition mentioned in the act. If you do not want to give her divorce it depend on the discretion of the court raises subject matter for divorce but you should make your contention before the court that her claim and submission is wrong and it may settle befor mediation as per your submission. Finally you should contest if you don’t want give her divorce.