Advocate Bindu Kamlesh Dubey

Questions Answered by Advocate Bindu Kamlesh Dubey

Q: Allowance of Maintenance in divorce case if already paying under 125

Maintenance under 125 already paying . If I file the divorce case will court allow for maintenance in divorce case also.

Advocate Bindu Kamlesh Dubey answered
Yes, you can apply for maintenance in a divorce case in India even if you have already been granted and are receiving maintenance under Section 125 of the Criminal Procedure Code (CrPC). Here's how it works:Maintenance granted under Section 125 CrPC is a provision for immediate relief and is independent of the provisions under matrimonial laws. Therefore, while receiving maintenance under Section 125 CrPC, you can also claim maintenance under the relevant matrimonial laws, such as the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954, depending on your case. The court dealing with the divorce case can decide on the maintenance amount based on the specific circumstances and the financial status of both parties.However, it's important to note that the maintenance amount awarded under matrimonial laws may take into consideration the maintenance already granted under Section 125 CrPC. The idea is to ensure that the spouse receives a fair amount and to avoid any undue advantage or duplication of maintenance. Consulting a lawyer who specializes in family law can provide you with specific guidance based on your case.

Q: Filing of Cross FIR and its time limit

An FIR was filed against me under section 323 of IPC and bail was granted. There is my version of story of the incident. can I file a cross FIR after 25 days of incident as I was mentally unstable during this days was I was recovering. If I can, will the police consider my Cross FIR?

Advocate Bindu Kamlesh Dubey answered
Yes, you can file a cross First Information Report (FIR) in Mumbai if you believe you have a legitimate counter-complaint related to an incident. A cross FIR is filed when there are conflicting versions of the same incident from different parties involved. You can file it at the same police station where the original FIR was lodged or any other convenient police station. It's important to provide a detailed account of your version of the events, along with any supporting evidence.There is no specific statutory time limit for filing an FIR in India, including Mumbai. However, it is advisable to file it as soon as possible after the incident. Delays in filing can raise questions about the authenticity of the complaint and might affect the case, though they do not automatically invalidate the FIR. Courts may consider the delay during proceedings, so prompt action is recommended. If you encounter any difficulties, consulting a lawyer can be beneficial for navigating the process.

Q: Concerns regarding proofs of online chatting

Hello ,I am going through a divorce case with my husband. Its 7 years of marriage now going to end to zero compatibility. Out of frustration i got indulged into sexting with another person online on instagram. Can my husband ask court for permission to get my deleted chat details through service providers or 3rd party applocation to get electronic record to use against me

Advocate Bindu Kamlesh Dubey answered
Hi, As you have mentioned that you are already under the process of divorce and there is no compatibility, I assume your husband would like to exit the relationship as well smoothly. Secondly, he can not ask the court for such acts and it is not so easy to retireve deleted chats.

Q: Need to discuss about a 420 in which I wasn't involved at all

Need to discuss about a 420 in which I wasn't involved at all.

Advocate Bindu Kamlesh Dubey answered
OK you can discuss in detail about the case as before guiding you it is important to understand the background story of this FIR with such section. It is better to discuss in detail before jumping to any conclusion.

Q: I want to part away from my wife.

I am tired with psychological torture and humiliation from my wife. Everytime i tried to address the problem in view of children but now it's non tolerable anymore. How I can get divorce from my wife if she is not willing to part away?

Advocate Bindu Kamlesh Dubey answered
You can file Contested Divorce in the court from your side. If she appears in the court after receiving court summons it will be taken up as per the process and if she denies to appear then we can also take exparte order and proceed with the case.