Advocate Kadam

Questions Answered by Advocate Kadam

Q: I got married married to a girl in June 2021 , we both were working and I thought we both are good m

I got married married to a girl in June 2021 , we both were working and I thought we both are good match and got engaged to her but after engagement got to know that the girl has an loan of 20 lacs on her and she is paying monthly which she took for her mother operation and now her family is denying to pay ...when I came to knw she started hiding and then I decided to break the marriage..then there uncle interefered and cleared the dues and we got married ...suddenly after marriage after 6 months she again took the loan 22 lacs and repaid the amount to her uncle and now saying I need to pay ....we didn't even took any dowry as we both were financially independent I thought we can plan well for our future but after all this she (bank manager) will hve to pay this till next 15 yrs ...she literally cheated on me and I don't want to continue with her and want to get separated ...could you guide me on this ..

Advocate Kadam answered
you wife seems to be a responsible woman, who is not leaving her family in case of need. people are dying to get such life partners. you are lucky to have her. she is an independent woman and of course she has the responsibility of her family too. you must talk to her with love and concern and if possible come and visit me. a good counseling session is what u both need. am pretty confident thT this will a good marriage.

Q: Child Custody For My Daughter Whom My Wife Has Taken Away With Her

My wife has taken my 9 years daughter with her and she is not allowing me to meet her. I have just filed a section 9 petition for which the hearing is yet awaited. As my wife already has physical custody of my daughter, can she still file a petition to the court to get sole custody for the daughter? As I have not yet applied for divorce, can I still file a petition to get sole custody of my daughter or can I only do that only after I have filed for a divorce or judicial separation?

Advocate Kadam answered
you can file a case to seek custody of your child. your wife can not stop you from meeting your daughter as you have a right to .eet your daughter. Stull I she doesn't allow you, then an interim application can also be filed in which you will get the meeting rights with your daughter till the decision of the case.

Q: Breakup k bad ladka presan krta hai to kya kre

Daily jb me ghr se office k liye nikalti hu to mere piche hota hai bike se,fir office s nikalte wakt v picha krta hai . Baar baar bat krne ko bolta hai . Or kbhi kbhi ghr k samne aake mere ghr me pathar fekta hai or abuse krta hai or bolta hai ki agar bat nhi krogi to me tumko badnam kr dunga , tumhe relatives ko call krke bolunga tumse baat krane ko . nMeine police ko complaint krke warning v dilwaya fir b ye ho rha hai . Uske ghr walo ko bolti hu ki apne bete ko samjha lo to wo bar bar bolte h haa theek h samjhayenge lekin kuch krte nhi h. Ulta mujhe bolte h ki compromise kro or isse sadi krlo . Aise me kya kru mera mental peace khrab ho gya h.

Advocate Kadam answered
aapki complaint pe 354 IPC ki complaint banti hai. agar police action nahi le rahi to court me directly case file kiya ja sakta hai jisme police ko court fir karne ke liye order Kar sakti h. fir hone k baad uska arrest hona pakka h.

Q: Validity Of Trail Of Dv Case With 498A Annexure

When wife submits 498a complaint how can DV case move forward without verdict of 498a guilty or not .can we stop trail DV case which purely based on 498a content until 498a proven ? If so what is the best approach

Advocate Kadam answered
domestic violence is an act enacted for the protection of woman against domestic violence. 498A and DV can be tried together. the beat approach is to contest both the cases. it is good for you that both the cases have similar grounds.

Q: Drink and drive + without drive licence (forgot to carry with me)

I was caught drunk driving with bac of 0.48mg/100ml of blood). I forgot to carry my original driving licence with me and they refused to accept my license on mparivahan app. The police officer also seized my RC. They charged me with drunk driving and without driving licence. I accept my mistake. What should i do now.

Advocate Kadam answered
you matter will be listed in court and you may opt to choose for trial or pay fine. for drunken driving the judge may order imprisonment too, so you must need an advocate to appear along with you. if the judge is lenient and your case if we'll argued then only fine will be imposed on you a d your RC will be released.