Advocate Piyush Kumar

Questions Answered by Advocate Piyush Kumar (25+ answers)

Q: Need advice for divorce for my friend

My friend wants a divorce from her husband but she has a child. They leave separately. She & her parents only taking care of child. The man didn't even call her to see the child or not even called her to ask how is she & her child. Only he knows is how to abuse. His entire family didn't disclosed few secrets before marriage and they even took the dowry. My friend doesn't have that much money. And her husband is not ready to give divorce to destroy her entire life. She is in fear how to proceed

Advocate Piyush Kumar answered
Your friend is legally protected. Her husband’s consent is not required for divorce if there is cruelty, dowry harassment, and abandonment. She can get child custody, maintenance for herself and the child, and free legal aid even without money. The law supports her dignity and the child’s welfare—she should not fear or stay silent.Regards,Adv. Piyush KumarP&P Law Chambers

Q: I am from Patna, Bihar, and this is regarding my late father's governm

I am from Patna, Bihar, and this is regarding my late father’s government pension.I am 20 years old my father passed away two years ago. He retired as a Sub-Inspector from the Bihar Police (CID) Patna. He had a first marriage that didn’t work out and he and his first wife started living separately but they never got legally divorced. Later, he married my mother and they lived together peacefully. From this second marriage, my father and his first wife had no issues with each other, and even wh

Advocate Piyush Kumar answered
Even though your mother may not be entitled to family pension due to absence of divorce from the first wife, you as a son from the second marriage are legally legitimate and entitled to family pension up to the prescribed age, subject to service rules.

Q: Can police issue 41A CRPC/BNS 35 if my wife has filed BNS 89

Sep'25 12th - I filed divorce in Delhi14th - wife's family gave death threats to my nana, mama in Bihar (she resides there since Dec'24, got married in Dec'23) & on call to my father in Bhopal16th - My father registered a complaint with Bhopal policeOct'2519th - My wife filed false FIR in Hajipur mahila thana against me and my family including my nana and mama, sections include - BNS 89, 85, 352, 3(5), 126(2), 115(2)Can police issue 41A notice without removing BNS 89?

Advocate Piyush Kumar answered
Hello reader,Yes, the police can legally issue a notice under Section 41A even without removing Section 89 BNS from the FIR, provided the statutory conditions for arrest are not satisfied. The issuance of a 41A notice does not validate the allegations, nor does it prejudice the accused’s right to challenge the FIR and the applicability of the sections invoked.Remedy lies in: Anticipatory BailThankyou Advocate Piyush KumarP&P Law Chambers

Q: Maintenance awarded in Anticipatory bail order and 125 Crpc

The Patna HC has given me Anticipatory bail in 498A case on the following conditions:(1) Petitioner would depositmaintenance amount of Rs.5000 per month to wife. (2) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connectedproceedings.In 125 crpc, interim mntnc of Rs.8000 is ordered over and above the AB maintenance. My question is whether the amount paid as per AB condition will be considered part of 125 crpc maintenance or not?

Advocate Piyush Kumar answered
Hello ReaderYes, the Rs 5,000 paid under anticipatory bail can be considered a part of the Rs 8,000 maintenance under Section 125 CrPC, if you make a proper application before the 125 CrPC court. Without such an application, you will be required to pay both amounts separately.

Q: Regarding Hold placed by NCRP due to fraudulent amount credited

I have played online real money games on a platform without knowing its fraudulent activities. I have played it for 2 months after that i stopped as i loss some amount and come to know about it is illigal. After 15 days of last transaction (i.e; 13 november) a certain amount Rs 550 placed on hold by Centralised cyber cell patna. Is there any chance of getting notice to appear physically in that cyber crime station as i Don't have direct link with fraudulent activities.I am a student and worrying

Advocate Piyush Kumar answered
Hello Reader Yes, there is a possibility that they may call you for clarification, but it is usually routine, not for treating you as an accused. If any notice comes, I will guide you step-by-step and ensure your rights are protected. No need to panic.