Advocate Gyanendra Chaturvedi

Questions Answered by Advocate Gyanendra Chaturvedi

Q: Can divorce be filed if the spouses are not living together?

I got married in apr 2016 and living separatly from sep 2016. I want to apply for mutual consent divorce. Will i get waiver of 6 month cooling period

Advocate Gyanendra Chaturvedi answered
The Supreme Court,in the case of Amardeep Singh Vs. Harveen Kaur (2017), has held very categorically that six months' waiting/ cooling period as mentioned u/s 13B(2) of Hindu Marriage Act, 1955 for grant of divorce by mutual consent in not mandatory but merely directory. It was further observed that it will be open for the Court to exercise its discretion of waiving the aforesaid period of six months if there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation. The fact that you and your wife separated after a short time-span of about five months of marriage and have been living separately since then is a good ground to convince the Court that the waiting period will only prolong your agony and therefore, divorce by mutual consent should be granted in your case.

Q: Husband wants divorce as wife try to separate him from his parents

my wife try to separate me with my Parents she also lodge False a complain in police station 498 & 307 act against my parents and me where my parents are not live with me ... for the 8 months i tolarate her attitude i want to devorce her bur how>>

Advocate Gyanendra Chaturvedi answered
You can approach the Court for a decree of divorce on the ground of cruelty as the Supreme Court, in the case of Narendra vs. K.Meena, has held inter alia that persistent effort of the wife to constrain her husband to be separated from the parents and other family members constitutes an act of ‘cruelty’ to grant divorce. It is very likely that the Court will be convinced that conduct of your wife amounts to exceptional depravity and hence the divorce petition can be allowed even before the mandatory period of one year. You should also invoke inherent powers of High Court u/s 482 of Cr.P.C for quashing the criminal proceeding instituted against yourself and your parents on false and frivolous grounds. Moreover, you can also file criminal case of defamation against your wife by instituting a complaint before the Court of Magistrate.

Q: What Is Ipc Section 302 And Ipc Section 307

What is IPC section 302 and IPC section 307

Advocate Gyanendra Chaturvedi answered
Section 302 of IPC prescribes the punishment for the offence of murder as defined u/s 300 of the Code. As per Section 302 of the Code, a person committing the offence of murder shall be punishable with Death or Life Imprisonment and shall also be liable to fine. On the other hand, Section 307 of the Code deals with the offence of Attempt to commit murder and prescribes the punishment thereof. For an offence u/s 307 all the ingredients of murder exist, except for the fact that death has not occurred as a result of accused person's overt act or omission. Section 307 makes the attempt to commit murder punishable with imprisonment for a maximum term of 10 years and if hurt be caused, up to life imprisonment with fine.

Q: Legal implication of marrying a non divorcee women

If legally divorce person marry women who is not legally divorce What would the implications for legally divorce husband as women is not legally divorced What cases be filed against legally divorced husband n his family

Advocate Gyanendra Chaturvedi answered
For a marriage to be legally valid, both the parties to marriage must not have a spouse living at the time of marriage i.e. neither the bridegroom nor the bride should already be married at the time of their marriage. A marriage in breach of this condition is void ab initio and has no effect in law. Accordingly, a man cannot marry a legally wedded woman unless she obtains a decree of divorce from competent court. In addition to the fact that their marriage will have no legal effect, they will also be liable to be prosecuted for the offence of bigamy which is punishable with maximum imprisonment of seven years. Moreover, if the man has sexual relation with the woman he can be prosecuted for the offence of adultery which is punishable with maximum imprisonment for two years.

Q: Time limit to file cheque bounce case after sending legal notice

I have sent a legal notice on 23 Sep. What is the cheque bounce case time limit? Do i have time to file case against the other party in138 NI Act?

Advocate Gyanendra Chaturvedi answered
As per S. 142 of the Negotiable Instrument Act, 1881; a complaint with regard to offence of cheque-bounce committed u/s 138 of the Act has to be filed within one month of expiry of 15 days of receipt of notice by the drawer of the cheque. However, the court is also empowered to condone the delay in filing the complaint if the complainant satisfies the court that he had sufficient reason for not filing the same within the stipulated period of 1 month.