Advocate M K Agrawal

Questions Answered by Advocate M K Agrawal

Q: Law regarding alimony in india

Married for 28 years .....my husband is ill tempered abusive from the beginning .I have a daughter grown up ...and my hubby is earning enough.pl tell me if I am going for divorce what should be the compensation amount I can get as per law in india

Advocate M K Agrawal answered
according to your query you have filed 2 cases 1 for divorce on ground of cruelty 1 for maintenance of child and herselfdivorce petition filed as per provisions of hindu marriage act if your marriage was solomnised as per hindu rites

Q: I don't want to give my husband divorce

My husband filed divorce case..our marriage was solemnized on 25.11.20..in his petition he's claiming that I am used to drink and smoke and he also have some pictures regarding this but in fact it was not only me..we both drink and smoke together many times..but now he's using this as ground for divorce..also he had screenshot of my whatsapp chat in which I was chatting with my ex..but he knows everything about him(ex) and he also knows that I don't have any relationship with him now..I obviously don't want to give him divorce but he wants..so my question is how to defend that in court and can he get divorce on this grounds?

Advocate M K Agrawal answered
the matter can be linger on but ultimately divorce would be done on the grounds of crulty whatever he mentioned in the divorce petition if he would prove the same otherwise he cannot get divorce without the consent of his spouse / wife

Q: Sale of property owned by my father

We want to sell property owned by my father. After his death, we are 3 members in the family-Mother, me and one brother. My grand parents too are no more. How should we proceed to sell.

Advocate M K Agrawal answered
give detail of property like property lie under HUDA, MCF or patwari zoneproperty situated in which city districttitle of deceased are clear or notthen file has been processed under above circumstances

Q: nepali wife Divorce from indian husband, register in nepal only.

i want a divorce from my indian husband. I married him 4 month ago. our marriage registered in nepal. not register in india. so what should i do ?

Advocate M K Agrawal answered
alteast wait 8 month, than mutual divorce petition should be filed before district court where you reside and court decree for dissolution of married would be passedplease give full information like date of marriage separation of date of marriage where marriage was solemnizedmarriage was perform under hindu marriage act or any other act like I.e. special marriage act etc..then 100% chance to solve your issue

Q: Advice for bail under pocso act section 10and 506

Sir mere father prr hmare padosi me pocso section 10 or 506 lgayi gyi h.unhone apsi ranjiss k chlte aisa kiya. Sir unhone 4 saal ki bachi k sath chedchad ka aarop lgaya h. Sir mere Father puri trah innocent h. Unki bail nhi ho paa rhi h.ab vo log compromise ko tyar h prr khte h ki Case wapis nhi lenge nhi to hmm fas jaenge. Sir ab aise situation kis tarike se unko bail mil sakti h .plzz help!!

Advocate M K Agrawal answered
bail under pocso act may be granted its totally depend upon situation or facts of the case. firstly I need to read FIR & facts of FIR then check that investigation report/challan will be submitted before the Hon'ble Court on this facts, create grounds of bail then bail may be granted without any document in any type of case is difficult to give any suggestion