Advocate Chandra Shekhar Upadhyay

Questions Answered by Advocate Chandra Shekhar Upadhyay

Q: Father has left home and living with another women

Respected sir, i have a complaint about my father that since 4 years my father is continiously disrupting the peace of the family he has left the home and is not in proper contact he also do not fulfill the financial needs of the family. He has established illegal relations with a strange women and he is living with her. My father has been hiding this matter from us since 4 years. Please advise me what legal action we should take against this matter.

Advocate Chandra Shekhar Upadhyay answered
in this case you did not mention your mother's status if your mother is available in that case you may lodge complaint before nearest police station about relationship of your father with strange women , and your mother may also file maintenance suit before family court.

Q: permanent lawyer is required for government unit , who wants to Join ?

permanent lawyer is required for government unit , who wants to Join Us

Advocate Chandra Shekhar Upadhyay answered
yes, I am interested would you please share some basic information about your government unite and place of working and verious other basic details so that I can know it that would be great help for me to decide in a proper manner

Q: Need Advice related to divorce case

Hi, One of my friend got married in Nov, 2019. But he is not happy with his wife and he filed a divorce but due to covid court hearing didn't start. His wife is not ready for divorce and she said she will not give divorce for life lifetime so that he cant marry to some other person. He didn't have any solid reason to proof in court. He want divorce just because he is not happy and there is no compatibility between them. What to do in that case? And how much time it will take

Advocate Chandra Shekhar Upadhyay answered
once you have filed divorce petition before the court so you will have to wait for adjudication of the case and merely by saying that she will not give you divorce she cannot run away from her responsibility , in divorce petition entire facts and circumstances will be taken up for consideration wait for reopening of the regular court .

Q: Compromise in NI act case at order stage now another party not paying

In NI act case the matter was fixed for order but was compromised after taking certain amount and rest on next hearing. But now after 6 hearings the accused is not making any payment. What to do? whether the still remains criminal and punishable under NI act?

Advocate Chandra Shekhar Upadhyay answered
If the court has given permission for compromise and imposes certain conditions regarding payment mode that the rest of the payment to be paid on next hearing and full payment is not disbursed so for it means compromise is not completed just make that statement before the court and continue with your criminal proceeding.

Q: Husband filed for divorce after the settlement of DV and maintenance

I was filed dv and maintenance case against my husband after 2 years we compromised and i withdraw my both cases. After this my husband and mother in law take back my children's for admission in school and l stay in my parents home due to my mother eye operation but after taking my kids from me my mother in law start abusing me on calls and said yaha aana mat Humara kam ho gaya bacche bhi mil gaye aur case bhi khatam ho gaye. Now my husband file divorce case . What can I do .

Advocate Chandra Shekhar Upadhyay answered
First of all I would like to know what was the condition of compromise .there would be certain conditions of your compromise if your in laws aren't obeying/following that which they agreed upon in that case you may rise that issues before court from where your compromise have been done or the appellate court of that jurisdiction.