Advocate Atul Kumar

Questions Answered by Advocate Atul Kumar (25+ answers)

Q: Police not giving details under RTI DIVORCE CASE

Wife used forged document for filing 498a FIR, So for getting copy of that document I given RTI application to Police station & ACP office. So ACP office saying still charge sheet is not filed so we not give details under RTI & Police station given letter under section 8 they not able to give details for RTI. So how can I get that document?

Advocate Atul Kumar answered
FIR is a public document, however during the investigation till the police is not file the charge sheet you can not get all those documents, which is used by IO during Investigation. Although if FIR is registered you can file an application for Status Report and got to know about investigation Status and when IO files the chargeseet, you will gets all the documents.

Q: Husband took my phone without my permission and took the pictures of my Instagram account chatting f

Husband took my phone without my permission and took the pictures of my Instagram account chatting from my phone and zeroxed it and used as a document and attached in the divorce petition. Like the chats are not screenshot and my name is also not there. He simply took the photo of my insta chat and took as a proof. I just want to know if it's valid or not. He is not having the original phone in which the chats were there.

Advocate Atul Kumar answered
it is generally not legal to take the screenshot of chat conversation without the person consent, as doing so it infringed person's privacy right. this is especially true if the chat conversation is private and intented for the parties involvement. but sometime it may be legal to take the screenshot of chat conversation if that conversation is necessary for the purpose of documentry evidence or inappropriate activity. now its upto the circumstances and laws of your jurisdiction before taking any action that may infringing on someone privacy rights.

Q: I want to get my draft reviewed from an experienced lawyer.

I want to get my draft reviewed from an experienced lawyer before signing the mutual divorce

Advocate Atul Kumar answered
yes, you can do that and before sign any documents you understand what it all about and what the point that can arise any problem in the future as well. In your concern matter you can contact us. we are happy to help you.

Q: Its been 3 years and she is not ready to give the divorce and we are not living together from last 3

My wife had filed false 498, 125 and DV against me whereas i had applied for divorce on the ground of cruelty. 125 is dismissed on the account of her falsification and intended misusage of lawful procedure. Will this outcome help speed up divorce proceedings and dismiss other cases as well?

Advocate Atul Kumar answered
Regardless of whether you committed Domestic Violence or not, if a case is filed against you, you have no other option but to contest it. You would be asked to file a detailed reply to her complaint. Thereafter the court would decide on the reliefs she has sought from you. 125 is dismiss on ground of false information. In Divorce Petition, you can decide to deny her allegations or also set a counter claim for divorce to be granted on your grounds.As per my experience, in India, in most of the domestic violence cases girls get no relief except maintenance, if fought diligently.

Q: wife has lodged false FIR in IPC 377 and IPC 376

Actually My wife has Tried to Kill my Mother at July-2023 By Hammer attempting 7 hammer on Head of my mother Couse of this grievous injury got on Head so same time 112 calling in to Delhi Police and FIR Logged in IPC 308 on My wife by Delhi Police and All evidence are collected and Delhi Police has given 41A notice to my WIFE and sent to her presents home Moradabad and after 2 months she has complot in CAW Sell in IPC 377 and IPC 376 on my Brother name with fake remarks and triple talaq.. i have given my All docs to UP Police and attended all counseling but Still complaint is not closed what need to do Please help me know better way.....

Advocate Atul Kumar answered
You can file a counter-complaint first u/S 153(3) CrPC stating that the charges pressed against your brother are baseless and false. You can directly approach the court and file a suit for divorce u/S 13 of the IPC as well keeping in mind the settlement amount is quite high.If you find my answer helpful then kindly rate me.