Advocate Kajal B Joshi

Questions Answered by Advocate Kajal B Joshi

Q: Child taken out of India after divorce against consent terms

Our divorce was done with mutual consent terms where I got the visitation rights and she got physical custody. Initially all went well but she stated that daughter doesn't want. In 2023, She moved to Australia with my 7 yr old daughter without my consent. Informed via court she has now filed a case asking for changes in decree due to changed circumstances and citing child welfare. It is clearly mentioned in the signed consent terms that she can't take daughter out of the Mumbai jurisdiction.

Advocate Kajal B Joshi answered
You have to file contempt petition in High Cout and also file specific documentation in the embassy. After contempt petition we will be able to make your wife accountable for the act committed by her. But the case filed by her needs to be seen

Q: on going divorce case since dec 2022 i am very much stressed need your

i have filed a divorce petition in dec 2022, my wife appread to court for 2-3 times then in sep 2023 she also filed for divorce but she is not appearing in court neither she had submitted written statemnt on tie and when she submitted it was very late and court is asking her reason for delay in reply and now she is not coming to court i want to get divorce as soon as possible bcuse its effecting me mentally and emotionally and financially

Advocate Kajal B Joshi answered
It's a full procedure where you have to put your part and apply for ex-parte divorce if she is not coming. if she comes in between then the judge will give her an opportunity to be heard. If she doesn't come then ex- parte proceedings can be done

Q: not received summons in 498a should i take bail

not received summons in 498a should i take bail and is it compulsory to all accused present at the time of bail

Advocate Kajal B Joshi answered
How do you know that it has been filed against you? FIR copy will be required to take aba. all accused necessary for aba since everyone's name is mentioned. However first FIR copy or summons copy or notice by police is necessary

Q: Divorce wife paying compensation every month

How do I divorce my wife ?? I'm paying her compensation for almost 1 and half years already

Advocate Kajal B Joshi answered
since you are paying a constant maintenance since one and half year you can show your bank accounts and file for a divorce. if she doesn't agree for the mutual consent divorce then you will have to go for a contested one

Q: Blackmailing using videos and Photos evidence

Hi team,My brother got married in 2019 .He is a bio sexual and he has confess with his partner on 2020 as he caught with videos and photos. He has offer her all the option for separation and make her bright future. She's had accepted his identity and confirmed that she had deleted all the evidence. now in 2024 she invited her family member to our address and they have threatened and blackmailing us using that videos and photos. how to tackle with?

Advocate Kajal B Joshi answered
You can file a criminal case for threatening and criminal intimidation at the relevant court for which you need enough evidence to show how you are threatened and blackmailed. The complaint should be put by showing the entire chronology