Advocate Gaurav Malhotra

Questions Answered by Advocate Gaurav Malhotra

Q: Wants divorce but husband not ready to give address to file petition

Mere pati mujhe apna address nhi de rahe 2 saal se hm separate h bchche mere pas h ab WO bchche lene ki keh raha hai Maine apne aadhar card par husband name b change kraliya kyunki WO div. Nhi de raha tha ab main kya kru kaise case file kru without address

Advocate Gaurav Malhotra answered
file ur divorce case on the address you have of your husband. later he will be served through alternate mode n he will have to come to court or u will get exparte decree. if he is asking custody ask him to take through court n u will get his address.

Q: Divorce matter. How to proceed ?

My husband is not replying to my calls , he has thrown me out from his house ..now he is not replying ..his relatives are also not reachable ..pls help me

Advocate Gaurav Malhotra answered
make a complaint to local police about your problem. then you can file a domestic violence case seeking residence in your house. you can also file divorce case on the bases of different grounds stated in act.

Q: False FIR lodged u/s 377&328; IPC against my son by his male friend

My son was living away from home and was traveling back on the day the FIR was lodged. The complainant says that he was sexually assaulted by my son under the influence of drugs. He also says that only on the day of the complaint he realised that he was continuously being assaulted since the past year under the influence of some drugs. MLC says insertion of penis cannot be ruled out. However no injury was reported on the private parts of my son. He was arrested and has now been granted bail.The registered FIR is baseless and the charges false. The evidence is in our favor. Can we appeal for quashing of FIR or the case itself. What is the way out?

Advocate Gaurav Malhotra answered
since the case is of serious/heinous crime courts are usually not inclined to quash the fir or the case. In my opinion there would be no use going for quashing rather argue on charge and get ur son discharged. you can challenge the framing of charge before higher courts if its against you.

Q: Wife threatening for false case when i asked for divorce

Hi My wife is not ready to give me mutual divorce, and her parents had threaten me and my parents that they will put other false cases if i will ask for divorce please advise

Advocate Gaurav Malhotra answered
you file divorce case on the basis of your grounds if she is not agreeing for mutual consent. please do not get threatened by them. take steps for getting yourself and your parents secured. take immediate steps.

Q: Want divorce but the my wife went out of country.

I want to divorce to my wife..I have already apply to in family court .Court issued the legal notice & send her address. other party reply that girl does not live in India as of now.And i know . so that what is process to get the divorce timely .& my wife did not in told me that i m going to other country.& i have not any contact in last two year . So that what can i do .& get to connect him. She was going on student visa. and i do not know she was showed in Single or marriage. so how to get this info .it was showing single or married .

Advocate Gaurav Malhotra answered
as you have told you have applied for divorce , in this situation get the copy served on her on her last address and if court does not accept that then serve her through publication. if after publication she does not appear she will be proceeded exparte and you can finish the case.