Advocate Manoj Kumar Srivastava

Questions Answered by Advocate Manoj Kumar Srivastava

Q: Who gets the custody of the child after divorce if they are minors

My son and daughter are below 5 years of age, who gets the custody after divorce. Can I consent outside the court ?

Advocate Manoj Kumar Srivastava answered
In case of a minor child, both the parents have an equal right over the child after divorce. If there is no mutual consent, the family courts decide who gets to keep the child and take his/her major life decisions.

Q: False FIR and Section 41A notice.

I have a FIR against me under IPC 406 and 420. I have a copy of FIR with me, I have proofs that shows every single point in FIR is false. \n\nFIR was filed in January 2023 in Lucknow. Police came to my door with 41A notice in Nagpur after 4 months in May End 2023?? How is that possible??\n\nMy lawyer told me 41A notice does not have a date. I have filed a AB but hearing is next month. Should I file a writ to quash FIR?

Advocate Manoj Kumar Srivastava answered
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Q: matrimonial cases as under trial in district court.

maine ek aurat se 2021 me shadi ki thi jiska registration december 2022 me karaya tha usne apne ghar walo ke kahne par mere upar 376 ka case file kar diya aur mai 42 days under trial jail me raha . mai abhi bail par bahar hu. ab pata chala ki wo pahle se shadi shuda thi aur use ek 8 saal ka beta bhi h. jo apne baap ke sath rahta hai . kyoki maa baap ne talaq le liya h. Aaye din meri bibi ab mujhse ladti jhagadti rahti hai aur baat baat par mujhe jail bhijwane ki dhamki deti rahti h.

Advocate Manoj Kumar Srivastava answered
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Q: Child custody and maintenance for my two daughters

श्रीमान मैं हिंदू हूं और मेरी पत्नी घर से पैसे , गहने और कीमती सामान के साथ दो बच्चियों उम्र 16 साल और 12 साल को लेकर दिल्ली किसी और मर्द के साथ रहती है और वह बच्चों के भरण पोषण के लिए मुकदमे दर्ज करने को बोल रही है तो क्या वह बिना तलाक़ लिए ऐसा कर सकती है? क्या मैं अपने बच्चों की अभिरक्षा पा सकता हूं?

Advocate Manoj Kumar Srivastava answered
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