Advocate Bhupathiraju Harsha Vardhan

Questions Answered by Advocate Bhupathiraju Harsha Vardhan

Q: How to apply for divorce in women one child also

1. How to start a divorce file in first step2. How to process for divorce in women3. I have a one child also 4. I can see my child how to apply divorce

Advocate Bhupathiraju Harsha Vardhan answered
Are you Hindu or Christian or Muslim. of Hindu means there was 2types of divorce 1. Mutual divorce it means you and ur partner has to come and agree for divorce 2. Contested divorce one person willing other person not willing If mutual divorce means you need to file petition under section 13-B of Hindu marriage act.If contested divorce means you need to file petition under 13(1) sub clause of Hindu Marriage ActOr if Christian means Christian act or if Muslim means Muslim act will apply

Q: IA IS PENDING IN THE OS CIVIL SUITE

Defendant trying to construct a compound wall in the property which is in IA application with pending status in the court is there any possible way to get stay order against defendant

Advocate Bhupathiraju Harsha Vardhan answered
Yes, you will get stay order against defendant. What was that IA wheather it is for not to interfere into the suit schedule or not to construct which IA is pending if it is pending means at what stage wheather it is for counter or for hearing ?

Q: my wife files case 498, and without intimate

i not taken any dowry, she went her home 1 yr back said that time ill send papers said, still not sent and she filed now 498 case

Advocate Bhupathiraju Harsha Vardhan answered
Do you have kids? If yes means request her to return and resume matrimonial life and it’s purely depends on you and on her willingness Has an FIR been registered? if yes means please clarify wheather it is filed only against you or also against your family members. if yes, means took station Bail under section 35 BNSS later file Quash petition before High court for seeking quashing of the FIR

Q: if husband filed quash petition in HC? how it is communicated to Wife?

Quash petition filed by husband, wife didnt get any notice. IA approved/accepted as per the request as except A1 others no need to attend trail court for every hearing.Wife/respondent received the notice after that and there it has mentioned that next hearing date.

Advocate Bhupathiraju Harsha Vardhan answered
It is a clear violation of principles of natural justice. You can file a counter affidavit before High Court stating that your husband filed quash petition without giving proper notice to you. As it is a ex parte order you can file new IA to set aside the above IA order by clearly setting out relevant grounds.

Q: Please I need advice on maintenance case of section 144

My father is a government teacher with salary 1lakh 10k per month and he left us and we filed a case and judgement was given for issuing 15000 maintenance but we are not getting any maintenance is it possible to get half of his salary directly from the government.

Advocate Bhupathiraju Harsha Vardhan answered
1. Yes, you can get maintenance directly into your bank account for that you need to file an Execution petition for salary attachment I.e direct deduction from employer (govt.) for 15000/- 2.For getting more maintenance you need to file another petition for enhancement