Advocate Ashutosh Kumar

Questions Answered by Advocate Ashutosh Kumar

Q: Wife not signing for divorce despite separation

I and my wife are in Australia for more than 2 years. She has been living separately for 17 months now. We have not seen each other for 17 months. We got married in may 2015. I have filed a joint application divorce here this month but she’s not signing and her parents in India are harassing my parents by calling them and saying that they might file a fraudulent domestic violence case or a dowry case. I don’t how to proceed further or what shall i do. My parents are really worried because of the reputation. I am not gonna do out of the court settlement for unrealistic demands. She’s equally qualified and has the same work experience that i have.

Advocate Ashutosh Kumar answered
You have to contest the divorce case in court, it may be possible that she filed case against you and your family membrs , you should collect evidence that she is able to maintain herself and she is living separately without any excuse

Q: Living separately want to file for divorce and child maintenance

I am separated from my husband for the last 1.5 years. Would like to know if I want to file a divorce with child (girl) maintenance, what is the procedure if he is not earning at all.

Advocate Ashutosh Kumar answered
You may file divorce and maintenance petition , your husband is bound to provide you and your child monthly allowance , during pendency of petition court may allow interim maintenance till tha disposal of case

Q: Fake case filed under156 (3) on me and my family

Recorded 156 (3) on me and my family Which is absolutely false and nothing has happened, what should I do now and what can be done in this case?

Advocate Ashutosh Kumar answered
At this stage you have no right to appear or oppose the application before court, court either dismiss the application r order to register FIR r treat the application as complaint case. Only after order by court you can challenge in high court under 482 crpc r writ.

Q: Remedies for false domestic violence and cruelty case

My wife is living with his parents in their home town and she is teacher in Government school. I am also living and working another town in same District with my parents. My family has business. In summer vacation on 26-05-2017 she go with her parents. Afterwards she and his parents were making pressure to live separate from my parents. At present nothing is left to continue in relation. Afterwards her father make a FIR via court under 498a, 323, 354b 377, 511, 3, 4 in near by other district with help of their relatives. For this he make a false event by date 20-05-2017 in near by district while she was with me 26-05-17. They are saying: 1. I was trying to get her parents house that is in my town. 2. I was asking for dowry in different way. 3. on Date 20-05-17 i tried unnatural sex with her and my family was beating her for that and afterward I left her n road in near by district where her relatives are living. All allegation are false. What I have to do to protect me and my family

Advocate Ashutosh Kumar answered
Go for writ in high court against FIR for quashing if their is no medical report of your wife then it would be easy to stay, quash r at least for mediation, your family member will get bail easily, its quite difficult for you, but after high cort direction , bail would be easy for you

Q: How to get vehicle from police custody without registration papers

Hello sir/ma’am We had a car accident the next day we purchased the car. We had purchased the car on 14th july 2018 and met an accident on 15th july 2018. In the accident few seized cars by police were damaged and an FIR was lodged against us. The police said we need to get the car from the court. But unfortunately the car met an accident the next day after the purchase, we had paid the insurance fees, all the taxes and registration fees amount but have not yet received the registration copy yet because the car was damaged before the physical verification of the car. I want to know the process through which we can receive our car back with the payment receipt of the registration. We do not have our registration copy, but have paid all the dues and taxes, Kindly help

Advocate Ashutosh Kumar answered
First accused/driver surrender before court and get bail, you will easily got bail as its a bailable offence then apply for car release on bail with undertaking. Your car would be release on bail after technical inquiry.