Advocate Ashwani Kumar

Questions Answered by Advocate Ashwani Kumar

Q: CCTV by neighbor installed in case of joint property

Hi we have a joint property with another family and they have installed a cctv camera which directly points to our verandah and my room. Is it legal

Advocate Ashwani Kumar answered
the right to respect for private and family life home home and correspondence means that your neighbour white well Breaking The Law here. your neighbours CCTV cameras is Pointing directly at your property this is privacy issue as for as law goes in this regard it would be covered by the human rights act under your rights to privacy.

Q: Legal advice for divorce or any other legal advice

I hadnt any conversation with my wife for 5 month.. I called her so many times but shd didnt response and blocked my number since then. I mailed her messages her but she never respondes finally i call to her father and talked about the problem.. He tried to convince her for a talk she she doest want to talk.. Now i really fed up with life i dont understand what should i do at this stage when we have a marriage time span of more than 3 years.. I never abused her and never did any kind of violence but i think she want her life to be independent, and according to her desire.. I tried many a times but i think she dont want to be continue.. She started living with her parent as she shifted her job to her native place without my knowledge. My parent didnt know about anything.. I am so confused, and depressed but really i dont want to be continue with her she didnt clear anything about this relation.. Please give me some legal advice..

Advocate Ashwani Kumar answered
you can send legal notice under section 9 of Hindu Marriage Act ask spouse who has left the other without any reasonable excuses. if you don't receive reply to the legal notice. aggrieved party approach the court for restitution of conjugal rights. if the degree of restitution of conjugal right is not honoured for more than one year subsequent to the date of degree then it become a ground of divorce. in this case the aggrieved party can then directly send divorce notice to another with the help of a good lawyer.

Q: seek help to get divorce of my parents

i want my parents to get separate because my father is egoistic, abusive and violent for my mother and also for uswe just wanted a divorce and claim so that we can complete our studies and and live separately.but problem lies if we did any complaint against him then he will surely try to kill my mother. we don't know what to do and where to go

Advocate Ashwani Kumar answered
you have two options first is you can go for judicial separation under section 10 of Hindu Marriage Act without divorcing. second is you can file the case of domestic violence. any spouse who is hurt by another spouse can file a petition for judicial separation in district court.