Advocate Hariom Dubey

Questions Answered by Advocate Hariom Dubey

Q: Divorce has not granted to groom after 7year of case

My friend had filed a divorce in 2016 on basis of 420 but it got rejected after 7year by stating that groom could filed a 420 case within a year only. Please suggest next course of action.

Advocate Hariom Dubey answered
actually divorce have some certain ground and if any diodes is sigd on element other than 6 ground for the main and 9 grounds for the women then court will not be convince in issuing degree of divorce so in such situation you can file a case in walking the condition that was not full field for solmnization of Hindu marriage means remanding from the court to declare the marriage held as invalid marriage viod marriage

Q: Can 498A be Quashed if element of dowry is absent ?

Hi....if someone proves that there was no question of Dowry, through whatsapp messages, can 498A be quashed ?

Advocate Hariom Dubey answered
yes if element of dowry is absent and you can prove before the unable quote by the evidences documentary are in examination cross examination if you can come out some substantial facts that supports dowry was not in question, definitely 498A shall be quashed

Q: Domestic Violence petition being delayed

I have a domestic violence petition pending before the Magistrate in Saket. I filed it in April 2023 and she is finding some or the other reason just to delay the petition. Is there a solution to it? How can I make the process faster?

Advocate Hariom Dubey answered
You can move a petition in HC to speed up , with the direction proceedings faster and in some case time bound hearing.apart you can meet the clearks in court to serve the notices and do it.Apart you can file section

Q: My Father's Uncle is Harrassing and Torturing my parents and family

My father's Uncle who is separately living since 21 years is trying to provoke us and harrass us. He is 75 plus. He has abused and physically harassed my mother many times when we lived together but we didn't complaint due to family pressure.Since 21 years, we live separately and he tries to disturb our peace by coming to my home, hurling abuses and even 3 days back he slapped my father who respect him as a father figure. I want to make sure that he must not come to our house again and warned.

Advocate Hariom Dubey answered
actually you should file application before police commissioner of your district and you can request to the commissioner are superintendent of police to take proper legal action against the physical torture by your father's uncle are you can also move a complaint Court and court and make them party and issue of someone in the name of your father uncle definitely you will get relief.

Q: Husband's physical mental torture

HinduMy husband is an alcoholic, narsist. He is a abuser, and physically and mentally torture me and my family.We have two kids, and I'm not with him at his place,kids are with me. He talked to them, can meet them.He continuosly abuse me and my family on phone so we blocked him from all our phone, and now we are in no contact zone. Is it created any ishue

Advocate Hariom Dubey answered
you are a married women and your husband is still alively waded husband and the kids in your custody is the kids of your husband also you must take a diverse legally and demand emony from the husband property to look after your children for their better schooling and marriage in case it is a daughter