Advocate Hemant Shukla

Questions Answered by Advocate Hemant Shukla

Q: jurisdiction of court in same case having both civil n criminal issue

a man whose wife was cheating on him with another man, files a divorce case on her u/s 13 of HMA. the wife boyfriend took lot of money from her which belongs to her husband, now man wants to sue him for adultry and cheating which court will deal with the matter.

Advocate Hemant Shukla answered
Hon'ble supreme court of India strikes out the law which is define in section 497 of IPC, so Adultery is not the offense now a days in India, but you can file a police complaint in section 420 of IPC for cheating and filed a petition for divorce in HMA which will be entertained by family court

Q: About domestic viloence nd child custody

Hello mrre husband ne mere sath mar pitai ki thi jbki mai pregnant thi nd vo mere upar 4- 5 bar mar pitai kr chuke hai or uske bad mene police ko call kiya nd police ne bhi apni duty nh ki or phr mai mayke aa gayi or uske bad mere husband mjhe divorce ki dhmki dene lge jis vjh se mene caw cell mai complaint dal di but uske bad lockdown ho gya nd ab mere sasural wale mjhe dhamki de rahe hai ki tum ghr chori krke gyi ho ab plz mjhe mjhe kya krna chaiye

Advocate Hemant Shukla answered
You should first get a certified copies of those written statements from CAW Cell under RTI and then on these statements basis you should filed a application under Cr. P. C section 156 (3) only on the basis you can find the status of your complaint.

Q: Kidnapping kid in Divorce Case

My sister with 9 year son is planning to file divorce case because of domestic voilence with her husband. As per our lawyer, he will put a clause under some section in which if her husband tries to kidnap the child, he will be sent to 7 years of jail. My question is, is there any clause / section of kidnapping specifically to divorce related cases or in case this kind of kidnapping happens, it will be treated as individual case. Many thanks.

Advocate Hemant Shukla answered
there is no such sections in Domestic violence Act 2005 or in divorce matters through which we sought relief regarding husband tried to kidnap the child, A simple application on this can be placed in the court which can be heard or not depends on the discretion of the court.

Q: About domestic viloence nd child custody

Hello mrre husband ne mere sath mar pitai ki thi jbki mai pregnant thi nd vo mere upar 4- 5 bar mar pitai kr chuke hai or uske bad mene police ko call kiya nd police ne bhi apni duty nh ki or phr mai mayke aa gayi or uske bad mere husband mjhe divorce ki dhmki dene lge jis vjh se mene caw cell mai complaint dal di but uske bad lockdown ho gya nd ab mere sasural wale mjhe dhamki de rahe hai ki tum ghr chori krke gyi ho ab plz mjhe mjhe kya krna chaiye

Advocate Hemant Shukla answered
you have to file section 156 (3) Cr. P. C in court for knowing the status of your complaint filed by you in CAW cell. And separately file an another application in section 12 for domestic violence act 2005