Advocate Arjun Krishna

Questions Answered by Advocate Arjun Krishna

Q: What's are legal grounds available for me? To use my property happily.

Good Morning SirSir, I am from up and I always repaired my home walls after every five year. It's my rights and as well as it's duties too against neighbors but when I started repairing my wall this year one of neighbors continutionally trying to stop me forcefully.Sir kindly suggest me.What's are legal grounds available for me?

Advocate Arjun Krishna answered
it is not clear from the aforesaid facts as to where the repair work is being done and as to why the neighbour is interfering with it. Anyways, under the facts stated above, a suit for injunction seems the remedy before the appropriate civil court.

Q: Divorce from my husband as he physical tochering to me as well my son

I got married in 2006 and now I want divorce as my husband is tochering since 2006 , I thought he will get change but he have not changed ,still he tochering me .And my son's also.They are scared with father and his physical tocherState me how can I file divorce easily and get rid of him soon

Advocate Arjun Krishna answered
either you may file a simple divorce case on the grounds of harassment and cruelty or alternatively you may lodge a complaint/fir against your husband and then file a divorce case along with claim for child custody, maintenance and alimony.

Q: Muslim man want to file divorce

i am a Muslim man after 8 years of marriage i want to give divorce to my wife as we have serious conflict of thoughts , i have a 6 yr. old daughter . we r not happy with with each other , now please tell me the process to get divorce to my wife.i purchased a home and my wife is co-owner , but total payment is done by me only there is no contribution of my wife to buy my home so my question is that after divorce can my wife claim for my home ?

Advocate Arjun Krishna answered
unfortunately primafacie the answer to the question is yes. since she is co owner she can claim her right on the property. in my opinion, the alternative could be to file a suit before civil court producing proof of payment and praying for removal of name of wife from co ownership.

Q: Divorce case and false allegations

We have alreaady filed a divorce case against my brothers wife. She is not living with us. We have our first court hearing in february. But she is not accepting the notice and also filed a fir against me,my brother and my mother of domestic violence. How can we prove ourself innocent. Would we get into the jail?

Advocate Arjun Krishna answered
unfortunately as one date, the law is still inclined towards the woman and there is no bar on the wife for lodging any complaint/fir. the option available with you is to contest the matter on merits. as regards going to jail, as per latest ruling of Hon'ble SC, arrest is not to be made without pre investigation.

Q: Cheque not clearing due to drawers signature incomplete.Any legal.

I wants to know about if cheque not cleared due to drawers signature incomplete then any illegal action against drawers or not.Help me

Advocate Arjun Krishna answered
if the cheque is being dishonored due to signature mismatch/incomplete, a statutory notice within 30 days of bouncing needs to be issued demanding payment of the cheque amount. if no payment is made within the stipulated time of 15 days, complaint u/s 138 N I Act needs to be filed before appropriate court.