Advocate Divjyot S Sandhu

Questions Answered by Advocate Divjyot S Sandhu

Q: Planning to get married wants to get protection from misuse of 498

I am planning to get married in India. we both are divorced and it's our 2nd marriage. I have noticed she always lie about little things and later on try to amend her mistakes with an explanation. I don't mind that as some ppl have a habit of lying I can ignore little things. I am Just bit concerned about misuse of 498a is their something I can do to save myself ahead of time incase she decided to pull some shenanigan on me by using 498a IPC? Is it possible to get mutual written agreement which shows nothing has been taken or given by both parties.

Advocate Divjyot S Sandhu answered
Once bitten twice shyThere is no estoppel in Law there can’t be any binding not to take action under penal law even if an agreement is executed its void.However if no Dowry is taken or given Affidavit to that effect can got executed before Magistrate and it is valid, it can be used and is recognized in case of false complaint

Q: How much time does it take for a dowry case to be concluded

Dear sir, .i job in railway.Mai abohar(Punjab ) ka rehne vala hu. Mere shadi 10/10/2012. Ko hue the .me .mere parents greeb hai or bimaar rehte hai.mene dowry nhi mange the.fer jo 7 lakh me se 3 lakh ka dowry ke farje bill teyaar karvaye back date me.jiske koi carbon copy nhi hai .bilkul false hai .Mene en bills ki police me complaint de .fer inquairy me false sabitt hue .lakin ab en logo ki Court me witness onka vakil,nhi kava Raha .sir sir ,7/7/2015 Ko fir hue. Chargesheet 22/6/2015 Ko pess ki.laken ab chargesheet ki adaar per evedence nhi kara rahe vo log.sir mere uper 125 IPC ka case file Kiya hai 5000 RS mentenence bhi devraha hu . Sir agar evedence nhi hote to kitne time tak case dismissed ho Sakta hai. Sirf mere wife or isle parents mere Ko ghr jvae banane pe tule the.mere mana krne pr mere wife ne yeh SAB Kiya.kyo ki onki najar mere person par the.ans me plzzz

Advocate Divjyot S Sandhu answered
Well after filing of report u/s 173 CR P C when was the Charge framed?Since in a case u/a 498A 406 I P C normally there are 10/12 witness Ask the court to take the case in target listThere won’t be much adjournments

Q: How does a court decides a Child's custody ?

Me and my wife are going for a divorce soon. My son is just 7 months old and I have no interest in seeking his custody as of now. My intention is to simply meet him on weekends and when he is no more dependent on his mother i.e. when he is in care of a maid after my wife resumes her office and the maid can take proper care of our child can i ask the court to grant me permission to take my son to my place once a month so that my grand mother can see him. Also, will the court be inclined towards my wife if my wife is adamant that I may not be allowed to take my son to my place.

Advocate Divjyot S Sandhu answered
Basically you are seeking is Visitation RightsThe Welfare of the Child is of paramount consideration Yes u will be get this right after all being the father the child is also entitled to love and care of his father tooMoreover the bond between father son and grandmother cannot be broken by divorce between husband and wifeVisitation rights are recognized and granted by Courts There is lot of decisions on this

Q: Procedure when the wife not responding to the summons for RCR.

Sir, Meri wife mere bete ko lekar apne ghar chali gai hai 1.6 year ho chuke hai or wo wapas nhi aa rahi or mujhe alag hone ko bol rahi hai or mere mummy akle hai mere father nhi hai mein une nhi chod sakta.mein apne bete se bhi nhi mil pata . Mene july 17 me section 9 ka case daal hai 2 summons chale gaye hai jo usne nhi liye is bar mene uske court me address prof laga kar affidavit diya or court ne dasti summon issue kiye hai agr wo ye bhi nhi leti to agar kya action hoga or mein apne bache se waps le pauga ya nhi .

Advocate Divjyot S Sandhu answered
It seems you are totally misguidedThough u are claiming to meet the child u have not filed any case for custody of child or visitation rights.Furthermore Courts are not so powerless in case wife does not appear after processIt seems your own Advocate is not taking all the efforts for the needful Yes u can meet ur child and even get his custody

Q: Got married in 2013 its third time when in laws expelled me out

I got married at 20 November 2016 n from that day it is third time that my in laws had expelled me put of their house I am at my parents house since July 2017 sir mere in-laws Ne first month me he mere saith jhagda shuru karjar diya tha baht he chote chote domestic issues pe ldai karte the tab 26 December KO phli be mujhe ghr she nikala tha or February me enki police complaint ki gyi thi for kuch din baad mere in-laws Ne dubara jhagda shuru kar diya tha mere husband khte the k mere father ki retirement se phle AGR koi complaint huyi to Teri family members ko Jan se mar duga for sir mai July me ek interview k liye ayi aur tab se mere husband Ne mere phone call atnd tk Karna band kar diya our mere mother in law khte the phle k ese ghr she nikal kar koi contact no rkhna n apNe bete ki marriage dubara kar dugi sir ab women cell me enki complaint huyi hai aur wo gilt drkhast de rhe hai k mai un pr jutha dowry case dal ri huhu maine esa nhi ki

Advocate Divjyot S Sandhu answered
Your problem seems out of your Husband s inability’s to stand up for youIt looks he is under the influence of your in lawsYou have remedy under the DV Act and get Maintence under 125 CR.pc but it depends on his earnings You have not clarified whether you are working or have any child out of the wedlock But if things do not work out it’s better to end and get permanent alimony