Advocate Kajal B Joshi

Questions Answered by Advocate Kajal B Joshi

Q: can I get 498a/406 Discharge after divorce

Wife filled 498a/406. After years she filed for divorce. 498a is still at framing of charge stage.If we file mutual consent, can I get discharged from 498a/406 based on divorce?nLayerr says we need to go to HC for quashing, after divorce . Case is in Pune jurisdiction.I have no faith that wife will coperate to remove 498a

Advocate Kajal B Joshi answered
Quashing can only be done in Bombay high court and that too after wife's consent. in mutual consent petition when consent terms are filed you have to add this point of quashing 498a and then going for mutual. otherwise you will be in a trouble in future

Q: Financial abuse and depleting mental health

My husband and I have been married for 8 years. We have 2 dogs together.I work in a small company and earn less than 1/10th of his salary. He works in a big corporate and earns around 50 lakhs per annum.He doesn’t pay any of my bills except for our house rent and doesn’t provide for dogs either.I buy most of the groceries and end up spending every penny within 10 days of pay day.Whenever I ask him for money, he straightaway says that he doesn’t have money.Last month we went on an international trip and he made me pay for all the stays and some more bills which I did from my credit card.Now I am stuck, paying the bills.I am suffering a lot of mental issues like anxiety and depression.I already do 1 job, 2 freelancing jobs and I paint and crochet on order, to make the ends meet.From past week, our dogs have very less food left and I can’t buy a new packet any day soon.I am feeding them boiled eggs and carrots which is not nutritious. My husband knows this but wont hlp

Advocate Kajal B Joshi answered
Put a maintenance case against him. If you want to file divorce case against him then you can do that on basis of mental and psychological harassment. Don't quit the home you are living in. If you want then you can file domestic violence matter against him

Q: Advocate Fees for preparing Will

I am a Hindu, aged 70+. I hired an advocate for preparing my will, which he prepared. Thereafter, on my own I asked him to make several major changes to that Will for 8 to 10 times, which alterations from my end went on for more than 6 months. For all this, how much my advocate should charge me? I feel the fees quoted by him is to high.

Advocate Kajal B Joshi answered
The fees will be Rs 10,000/- . Registration for the same will be charged separately. If you take a long time to finalise then the charges may increase. 8 to 10 times correction incurs additional fees. if your advocate is charging extra then it should be reasonable and even you should give changes once and for all

Q: Quash 498a - Family members Names removed & BIL statement

1) Fake 498a/506/114/34 on me, Mother & 2 Sisters on Sept 2022, Chargesheet filed on me alone and all family members removed on Jan 2023.2) Need to attend 1st Summons in Mid April 2023.3) Can I go for QUASHING as all family member names removed and even Brother-In-Law [Younger brother of Wife] is ready to give statement in favor of me, saying Dowry case was intentionally logged against me.

Advocate Kajal B Joshi answered
Only after wife's consent quashing can be done. no one else can testify on her behalf. So you have to talk to her and come to compromise so that upon consent terms the fir can be quashed. Also don't miss any hearing and be present on every date to avoid arrest or any other punitive action against you

Q: My wife has filled DV and divorce case against me. Under dv act she is claiming right to residence i

My wife has filled DV and divorce case against me. Under dv act she is claiming right to residence in my father's property. Recently I have purchased property in MumbaiMy wife is central govt employee earns around 70 thousand and I am private employee earns around 1 lakh 50 thousand and we have one girl childCan court grant right to residence to my wife in my father's property because last time we have lived in this property or mine.If yes then how I can stop her form getting right to residence because there intentions are not good she want to come to file false cases against usAnd how much maintenance she can get?

Advocate Kajal B Joshi answered
She has a right to reside in your father's property. If you want to stop her than you can ask your father to file harassment case against her being a senior citizen. She can claim maintenance only for kids since she is earning well which you need to show to the court.