Advocate Akshay Shrivastava

Questions Answered by Advocate Akshay Shrivastava (25+ answers)

Q: Drunk driving case how to avoid imprisonment ?

I was caught drunken driving by traffic police in Delhi. They asked me to appear in court at April end. Drunk reading on meter was 350mg (way above the limit of 30). I have NO crime record. This happened first time in life. I am preparing for govt services and about to be selected in central govt deptt. I don't want to go to jail in any condition. I can pay any drunk and drive fine BUT NO JAIL TERM EVEN FOR 1 DAY. I am very tensed. What should I do to avoid any imprisonment chances so that it doesn't affecy my life and career? Thabk you

Advocate Akshay Shrivastava answered
Ignorance of law is no excuse in the court of law and your violation of Section 185 of the Motor Vehicles Act, 1988 attracts a punishment which would attract fine or imprisonment or both. Since you do not have any previous criminal record then the judge may spare you with the jail term and this is your first offence so most probably the judge will impose a hefty fine on you as the level of alcohol found in your body is way more that the permissible limit. My suggestion would be to appear in the court with a lawyer who knows the law and can present your case in the best possible way. Plead mercy before the court.

Q: Can court marriage be done in one day ?

Is it possible to get one day court marriage ? As some lawyers are saying that.. they can provide marriage certificate within 4 hour Is that certificate legal?? how to do court marriage in one day ?

Advocate Akshay Shrivastava answered
The procedure of court marriage says that the parties need to approach the Registrar and the notice is published of your intent to marriage. After 30 days of publication of no objection is received, then the marriage is solemnized that very day. This is what happens under Special Marriage Act. You can have marriage under Arya Samaj and then go for Registration of Marriage.

Q: 2 cheques got bounced against a loan what are the chances under 138

Two cheques of Rs. 95000+100000 got bounced against a loan. Please let me know what are chances of getting the amount from the payee under section 138.

Advocate Akshay Shrivastava answered
You need to issue a legal-cum-demand notice in the name of Payee within 30 days from the date of return memo stating that the said amount needs to be repaid within next 15 days.If the Payee fails to pay the requisite amount within the expiry of 15 days then you may file a criminal complaint before the requisite court for his default within next 30 days.Do remember that the time limit is to be strictly followed in cases of dishonour of cheque under Section 138 of the NI Act.If you have failed to abide by the time limit, then you may file a summary civil suit for recovery of money under Order 37 of the CPC.

Q: Provision for DV in case husband and wife living away from parents

 I take divorce from my wife in 2012 and after one year it means in October's 2013 she cam back to me and she said me to forgive me for my mistake and let me live with you. I will not do these mistakes again. And after 2013 i was living with her and now she has done an FIR that her inlows are tourchering her. and i just want to know that is there any law that if i was living with her away from my family (mother, father and brother) than no one can touch my family as i heard from somone that before two three month new law formed if i was livivng with my wife away from my mother & father that my wife cant claim anything from my family nor do FIR against my family. 

Advocate Akshay Shrivastava answered
The new law does not states that an FIR can't be registered. The amendment to the same is that upon FIR, the police will first investigate and will take action only if there is substantial cause of action. It will not act on a frivolous FIR as it use to do before the amendment.

Q: Can i ask for divorce if husband is mentally unfit and violent?

Hello, I am hindu and recently marraied  can i file for divorce if i feel he is mentally fit.

Advocate Akshay Shrivastava answered
Your feeling that your husband is mentally unfit has no value in court of law. You need to prove that he is mentally unfit and violent. Seeking divorce on the basis of allegations which can't be proved is bad in the eyes of law and your divorce petition will be rejected.