Advocate Dinesh Kumar

Questions Answered by Advocate Dinesh Kumar

Q: My wife didn't come my house after marriage

My marriage done 28 nov 2021 after marriage she leaves with me only 10 days after that she didnt come yet in 2022 nov my father go to her home and ask come to your laws house but she don't come now 16 sept 2023 I go my laws house then she tell me get out from here i didn't come to your house in my life isult me she works in airforce mess accounts private what I do next she don't agree divorce and don't agree to come house

Advocate Dinesh Kumar answered
You have a right to filed and petition under section 9 of hindu marriage Act restitution of conjugal Rights. In which either your wife will agree to back at your home and either gave statement for we dont want to leave with you. In that case you have right to divorce.

Q: Pocso act section 8 ipc 506 me bail mil skti h or kya iljam se bari ho

Kya pocso act 8. Dhara 506 me bail mil skti h agr case me jhuta Fasa diya jye jbki ldke ki koi glti na ho ljo ldki h vo nabalik h uski maa ne jhutte arop lgye ho or ldki ki maa character less h usne apni vjh se ldki ka sahra leke case file kiya h kya is case me bail mil skti h

Advocate Dinesh Kumar answered
Yes you are able to get the bail in section 8 of pocso act because this offence punishment is 3-5 years h and its totally depend on the Facts or the version of the victim’s in these kind of cases. You are liable for bail as per the section mentioned by you in your query’s

Q: I want to file a divorce against my husband

1. What is the exact process for it as i am very clueless2. Can i file it online 3. Online sites are safe or not

Advocate Dinesh Kumar answered
No online process for filing the divorce petition your presence should be required for filing the divorce petition because the sign should be required and. The exact process a divorce petition will prepared in which facts will be mentioned and the marriage documents should be required for filing the divorce petition.

Q: Father's name on Birth certificate

I am married, 6 months pregnant with my husband but not living with him for last 5 months and have decided to live seperately for rest of the life as he doesn't want to take responsibility of me and this kid.Luckily I am earning good and doesn't need him to support as well.My only concern is what if I don't want to mention father's name on birth certificate to remove unnecessary hussle with future documentation.So is it legal and I don't want to give him divorce now, might be later.Pls help

Advocate Dinesh Kumar answered
Yes a mother can be sole guardian. But without legally divorce that can not be possible. you can change in document after got divorce from your husband. the best option is that you may filed divorce petition.

Q: How to prepone the criminal trial date

police submitted the challan of F.I.R u/s 325 , 147 , 506 in Gurgaon court , but court given next date in april 2024 also accused has not yet taken bail from court. police have shown the accused arrested on record by given bail inside the police station. How to get early date of hearing , i want to add section 452 inside it as they have beaten inside the house, which application add section ?

Advocate Dinesh Kumar answered
We can move an application of reporting the matter. And also we can when application alteration of charge Under section 216 of CRPC in which the court of power Power to alter the charge. If the person is already on the police bail That's depend on the investigation officer. The investigation officer is bound To file the Charge sheet in a time limit. And also present the accuse in front of the court at the time of filing the chargesheet after completing investigation.