Advocate Kalyan Sahai Agarwal

Questions Answered by Advocate Kalyan Sahai Agarwal

Q: Procedure to file for the contested divorce in court.

I'm A 25 Year Male . I Have Married A Girl Last Year In March According To Arya Samaj . We Haven't Told This In Our Home. After Marrying She And Me Are Residing At Our Homes. We Became Physical In This May .. Now She Is Studying And Got New Frnds There And Decided To Leave Me As I'm Still Preparing For Competitive Exams..She Also Stated One Reason That Her Parents Will Not Agree So She Can't Continue With Me. I Have Video , Certificate And Photos Of Our Marriage. I Want Her To Rethink ..But She Is Completely Denying To Get Back. I Want To Ask If She Marry Another Person What Can I Do? And What False Charges She Can Present Against Me... I Want Something Legally Which Can Bring Us Together ...

Advocate Kalyan Sahai Agarwal answered
Listen firstly she cannot marriage another guy without giving divorce. For second marriage the divorce certificate is compulsory according to the I.P.C. Even she cannot demand for maintaince also. No false charges can be present in court

Q: Wife filled false cases against family, what to do

wife ne muj par mata pita bhai par section 498 A, 323, 304, 506, 314 mai case darj kraa rakha h, jisme lucknow thane se section 41 A ka notice humko mil gya h, bich mai mediation period mai wife ne humara sath nhi diya aur mediation fail ho gya tha, pura case jutha h jiska virudh humaare pass documental sabot bhi h. hum rajasthan se h, saadi intercast hui thi jisme ladki uchch jaatis se aur hm schedule cast se h.dahej ka koi lenden nhi hua ladki ne apni aur se mere naam aur address par usne online se manwaya tha. query: 1) ladki ko case rajasthan mai darj karana tha lekin lucknow m karaya to case jurisdiction area kahaa ka hona chahiye tha, yadi galat h to kaise challenge karen? 2) FIR kaise quash hogi? 3) samaan uske dwara maangne par lautaane chahiye yaa nhi, to kaise lautayen. 4)maa baap old h aur Bhai uski bataai gai samay mai videsh tha. to inke FIR se naam latwane ki koi vidhi hai? 5) kya hume koi arresting ka koi khatraa to nhi h?

Advocate Kalyan Sahai Agarwal answered
Dekhiye jitni bhi baate apne likhi hai isme darne ki ya koi gabrne ki jarurt ni hai. Law me asa pravdhan hai ki koi bhi humpe jhuta case darj karta hai toh hum usk khilaf bhi case kr sakte hai niyam ke anusar.

Q: How to get divorce from abusive wife?

This december 5 years completed for my marriage in this 5 years my wife fights with me and gone to her native place 6 times having duration of 2.5 years in between she is not staying in my house more than 4-5 months she listens to her mother and her brother is criminal -thief and her family harrasing me giving me mental torture if they will say something to her they will beat me and false allegations they have made with police station regarding my mother and he has also medical problem for child birth the problem is that within the closed door she says i want to divorce but after few days she admits that she wants me and i am deeply stressed and she is giving me bad words and beating me too well and for this i am not concentrating on work she is taking advantage of section for women and giving bad words to my mother and screaming loudly if said something i am not understanding she don't want to leave with me and daily fights with me i am too depressed

Advocate Kalyan Sahai Agarwal answered
Isme parshan hone ki jarurt nahi bai tumhe bilkul bhi bhaut aram se ho jaega aur tumhra case bhi solve ho jaega. Me khud iss cheez me specialist hu aur ek bar puri baat janen ke bad case ki fees bta pauga aur jaldi se jaldi iss case ko khatam krne ki koshish kar sakte hai.

Q: Does charges under section 304A affect the selection in govt job?

Sir mere uper 304A case chal rha h. Yadi govt job selection hota h to muje lenge ya nahi

Advocate Kalyan Sahai Agarwal answered
First you should know that government always avoid those students in which the criminal case already going through in process. Because section 304A is causing death by negligence which means breach of duty or doing any act by rash or negligent act which is also punishable with 2 years or fine or with both. So according to me NO

Q: Electricity bill much more than the usage. What to do?

Bill is over limit from last months Bill(average 2000 ). Now last month Bill is rs 28000

Advocate Kalyan Sahai Agarwal answered
hey , you can file a case under electricity act in the consumer court of you district. the case has been come under your jurisdiction area and the extra amount can be recovered through court . past months electricity bill will be shown under this