Advocate Divyank Dutt Dwivedi

Questions Answered by Advocate Divyank Dutt Dwivedi (25+ answers)

Q: Divorce from a Muslim woman in extra marital affair

We are married from past 17 years and have 2 kids.May husband married a Muslim woman 2 years back without my knowledge.He wants divorce from that muslim lady but she is not agreeing.what can be done?He has no child with her .He didn't convert to islam just merely changed his name to get married.though all his id cards are still on his hindu name .What steps can be done to get the divorce from the Muslim woman

Advocate Divyank Dutt Dwivedi answered
If your husband and you were married when we did second marriage his second marriage would be void and the proceedings if any would be under the Special marriage act. It would be better to discuss on call regarding the correct set of facts and events.

Q: can we go to sc for stay if hc has rejected is but apeal is accepted

हाईकोर्ट ने निचली अदालत के तलाक के आदेश के खिलाफ स्थगन अनुरोध को खारिज कर दिया है, लेकिन अपील स्वीकार कर ली है। क्या स्टे के लिए SC कोर्ट जाना संभव है?

Advocate Divyank Dutt Dwivedi answered
Yes we can approach supreme court against the order rejecting the stay depending upon the facts and circumstances of the case SLP will be filed in Supreme Court. It would be advisable to obtain certified copy of orders of High Court and Trial Court for filing SLP

Q: mediation requested by husbands lawyer in dv case filed by myself

Husbands lawyer asked for mediation when we filed dv case. He wants to settle joint property actually which is in our both the names. i had paid around Rs.15 lacs for purchase and he is paying all the emis. I had helped running household and helped him by transferring 3 lacs on an average every year dueing mariiage duration amounting to 40 lacs. He wants that I should gift him the property as I didnt pay any emi. I still want reunion to happen. What is legal remedy

Advocate Divyank Dutt Dwivedi answered
If you wish to reunite with your husband we will have to file a section 9 petition for Restitution of Conjugal Rights. In that we can explore possibilities of our reunion and also the way and mechanism how to deal with the property as you have also paid a substantial amount in that.

Q: 498A Case ko quash krwane k lie

हम दिल्ली में रहते है, मेरे छोटे भाई की wife ने अपने पति को छोड़ कर मेरे, मेरी wife ,मेरी माता जी , गुजरात में रहने वाली मेरी बहन वे बहनोई पे 498A तथा DV एक्ट का मुकदमा अलीगढ़ में 2022 में दायर किया है ,मेरी माता जी ने लड़की के अलीगढ़ में केस करने से 6 महीने पहले ही दिल्ली में थाने में 2 बार तहरीर देकर ये बता दिया था के लड़की हमें परेशान करती है और दहेज में फसाने की धमकी देती है... इन तहरीर के आधार पर क्या कार्यवाही की जा सकती है जिससे हमें रिलीफ मिल सके मेरी माता जी की उम्र 67 वर्ष है..

Advocate Divyank Dutt Dwivedi answered
We can file for quashing of that case and in that there are very good chances that we will get relief as your mother is aged and hence the courts are generally in favour of passing such an order. I will suggest that we proceed with quashing and for that we will need to go through the cases that she has filed and the complaints that your mother has filed.

Q: I want to file application under article 32 for violation of fundament

Hello sir ma article 32 ka under pention file karni ha violation of my fundamental right article 21 police harreshing me because I file complaint against police officer I also file case under article 226 in high court which I tack back but they still harreshing me and my mother I want a advocate for fighting my case my budget 50k

Advocate Divyank Dutt Dwivedi answered
Hello sir,I am practicing in Supreme Court. I can file writ petition for you as it is highly disturbing what you are going through. Please feel free to reach out. It would be advisable to collect all the material which can be annexed with the Writ Petition as the same would be needed to convince the Hon’ble Supreme Court for taking action on our Writ Petition.