Advocate Diwakar

Questions Answered by Advocate Diwakar (50+ answers)

Q: I have a query regarding dv case

I have filed a dv case against my husband and in laws ..so I have to appear in front of CJM but I don't what's my role why I have to appear please .. explain

Advocate Diwakar answered
If you have filed a complaint case under relevant sections of the DV Act, your presence is required to assist the court in reaching out the inference that the allegations levelled by you are correct & genuine and not a false case, if the magistrate will get satisfied after the testimonies made by you and other witnesses, he will admit your case against your in laws peoples and will take cognizance against them accordingly after following due process of law.

Q: Mother left her kids saying she is going to die

A woman left her home leaving her husband and one son and one daughter behind saying she is going to die as she is fed up with her life.After almost 20 yrs its been discovered that the woman is alive and living lavish life with another man under a different name . Her first husband is dead ,her kids are grown up but had a terrible childhood and had to face harsh difficulty in everything.Now its been almost 35 years .The person she is living with as spouse is her own nephew.

Advocate Diwakar answered
If she is living with her nephew as a spouse and if she belongs to Hindu religion then her marriage is void ab initio because of two factors, firstly because of prohibited relationship defined under Hindu Law and secondly because her first husband was alive and she didn't get the divorce before marrying the second person. Although her children were raised and brought up by their father, they are entitled to claim their father's property they are also entitled to claim a share in their mother's self acquired property and the property inherited by her from her parents but they can claim that property only after her death.

Q: Wife doesn't want to do physical relation

If I try to make physical relation she got angry and try to hit me When she was gone her mother house she write (i want to end this marriage) in hindi now what can I do to take divorce marriage date 23 November 2025 She gone on 20 February 2026

Advocate Diwakar answered
If you both are willing to get divorce then the best way is to get it through 'mutual consent' where the divorce will get completed easily in lesser time. Other than mutual consent divorce you are having other options too but that will certainly take more time and more litigations.

Q: Quashing of False and Retaliatory FIR under Section 528 BNSS

I seek legal advice regarding quashing of FIR No. 181/25 registered at Rohtas Police Station, Bihar. The FIR is completely false and retaliatory, arising from an ongoing family dispute and earlier FIR No. 325/24. Police have issued a notice under Section 35 BNSS and indicated that a chargesheet may be filed. What remedies are available before Patna High Court under Section 528 BNSS? What documents are required, and can proceedings be stayed?

Advocate Diwakar answered
For filing a quashing petition before the Hon'ble Patna High Court you are required to get the certified copy of the FIR, Chargesheet and the Cognizance Order (if available). The aggrieved person will have to sign a vakalatnama and a pairvikar will be required to sign the affidavit. You can contact the Advocate for further concrete information.

Q: Jhutha fir mere papa pe jhutha fir hua hai jabki wnki kio galti nahi

Mere cahcha aur wnke padosiyo ke bich khuch wiwad hua paise ke mamale me to mere cahcha ko ghar ghus ke mara aur mere bs cahcha ko hospital leke gye aur case krne ke liye sath le gye cahcha ne case kiya jisne wnko mara ajj wsne wlta case kr diya mere chacha pe aur to aur mere papa ka bhi naam le liya jabki papa bs hospital leke gye aur ladai me samil ni the mere papa pe bhi fir kr diya

Advocate Diwakar answered
Aap phle anticipatory bail lijiye aur uske bad Hon'ble High Court me FIR quashing ka petition bhi file kar skte hain taki FIR hi quash ho jaye. Aap kisi ache Criminal practicing Advocate se consult kijiye.