Advocate Kushagra Pandey

Questions Answered by Advocate Kushagra Pandey

Q: Husband wants to divorce me but I want to stay with him

I got married in March this year.. it was arranged marriage..I had ex b4 marriage but i stopped talking to him..after marriage he started messaging ms.i again avoid him.one day i saw my ex miss call on my husband cell .i got scared and deleted n decided to meet him and made him understand that now I m married...in April i met him where he was staying at hotel (that was my mistake )..he promised me not to contact me..at that time he came from washroom n was in towel..he forced me to have selfies..with me.we took 2..3 selfies..after that I started living happily with my husbnd..in month of June.from an unknown number my husband got that pics..since then i am at my parental house ( from 11 June 2018 till now)...there is issue of lack of trust with my husbnd..he dont want to continue with me..but I want to live with him..I tried hard to convince him but he is not listening to me.he is not ready to meet me either.yesterday he send me notice for mutual separation .pls suggest

Advocate Kushagra Pandey answered
You should oppose this divorce. When the matter goes to court, seek direction from court for mediation. Try to convince your husband for mediation. In the meanwhile, lodge FIR against your ex. Block his number also. FIR against ex is a must.

Q: Is it legal for a father to stop his daughter from driving

Is it legal for a father to stop his daughter from driving?

Advocate Kushagra Pandey answered
Unless the daughter is (I) a minor i.e. not holding a valid driving license or (b) a major i.e. holding a driving license, but under the influence of alcohol, no father can stop his daughter from driving.

Q: Indian married in India & now a British citizen file divorce in India

Can an Indian,,whose marriage was solemnised in INDIA,but now a British citizen can file divorce petition in India ?

Advocate Kushagra Pandey answered
Yes, a petition for divorce can be filed in India. However, this petition will lie (a) either in the District Court of the city where the marriage was solemnised, (b) District Court where the spouse lives in India or (c) where the couple last resided.

Q: After Mutual Divorce, can custody go to other spouse

Mera mutual divorce ki second petition Mai mere pati ne ek point likha hai ki jab Mai dusri shadi Karti hu ya living in Mai Rehti hu to bacche ki custody uske pass Chali jayegi ..mera lawyer bol Raha hai ki ek Baar custody mere pass aayi to pati ke pass shift nhi ho Sakti chahe living in Mai rahi ya shadi Karu plz batao mujhe Sign karna chahiye ki nhi Mai nhi chahti mere beta wapas uske pass jaye

Advocate Kushagra Pandey answered
In your petition for divorce by mutual consent, you can add a condition that the custody of your son will remain with you once you have taken divorce from your husband. If you do so, irrespective of whether you move in a live in or you remarry, your husband cannot claim the custody of your son.

Q: Forgot my pendrive at cyber cafe in which my adhar card was saved

Sir , i have lost my pen drive at cyber cafe which contain AADHAR card ,after few days when i asked him about pen drive he gave me, but i am quite worried if he can save a copy of aadhar and can missuse it

Advocate Kushagra Pandey answered
In case you lost your pen drive at a cyber cafe in Delhi, please go to the Delhi Police's lost and found online portal and lodge your complaint there. If you do so, then there will be an official record of the loss of your aadhar card and its misuse can be prevented. Also, UIDAI emails you the Aadhar card so unless you have not deleted that email from your inbox, you can certainly retrieve the soft copy.