Advocate Piyush Shrivastav

Questions Answered by Advocate Piyush Shrivastav (25+ answers)

Q: Query regarding doing job while divorce case

I am going through a divorce right now. I have put case for alimony and returning my things from my ex husband. They are asking for how to settle the case. I have also put section 316 and 144 along with section 24. I want to know if I can work freelancing while the case is still pending for alimony, maintenance and return of things.

Advocate Piyush Shrivastav answered
Dear client, you have every right to pursue freelance work or any form of employment while your case for alimony, maintenance, and return of belongings is pending. Working independently does not affect your entitlement to alimony unless your earnings are substantial enough to make you financially self-sufficient, which is assessed by the court on a case-by-case basis.Regarding the legal sections mentioned, it’s likely there may be confusion with the numbers. Section 316 of IPC pertains to the death of an unborn child, and Section 144 is usually used for public order situations. These may not be directly relevant in a divorce or maintenance case unless linked to specific incidents. Section 24 of the Hindu Marriage Act, 1955, however, is relevant for interim maintenance and legal expenses during divorce proceedings.For settlement, you may go for mutual consent terms covering alimony, maintenance, and the return of articles, which must be documented in writing and filed in court. If no mutual agreement is possible, you can continue with your contested case. It is strongly advisable to consult your lawyer before signing any settlement proposal to protect your legal rights and long-term interests.Stay strong and informed — the law is there to support you.

Q: advice for legal protection due to some toxic people can threaten me

dear sir or mam i am 18+yo boy in so much of a big mess here living in my own home. the problem is i suffer silently being an atheist in a overly religious family (islam) and moreover my father and everyone is so toxic and controlling they give threats if the work is not done by their preference and i literally feel so fed up now. i even tried to go for a job but my father threatened me because he thinks it will be shameful for him and the job is everything i can do now to get freedom.pls help

Advocate Piyush Shrivastav answered
Dear client, I understand your emotional distress and the difficult environment you are living in. As an adult (18+), you have full legal rights in India to make independent decisions regarding your life, work, and beliefs. No one, including family members, can force you to follow a religion or prevent you from working. If threats have been made against you for seeking employment or for holding personal beliefs, it may amount to harassment or even criminal intimidation under Sections 503 and 506 of the Indian Penal Code.You are entitled to seek help. You can approach your nearest police station or file an NC (non-cognizable complaint) regarding any threats or mental harassment. You may also consider reaching out to legal aid services or a trusted NGO for emotional and legal support. If the environment at home is affecting your mental health, you can explore options like staying in a youth shelter or working hostels for men, depending on your financial situation.You deserve to live with dignity and freedom. The law supports your independence and safety. Please don’t hesitate to seek professional help from a local advocate for further action.

Q: U want to file a petition for divorce

No requirement of alimony No casesJust a plain mutual divorce procedure I am looking for. Twins kid custody I want that’s all.

Advocate Piyush Shrivastav answered
In the provided client query under Divorce Law, the individual is seeking a straightforward and amicable mutual divorce process. They have clearly stated that there is no requirement for alimony and no pending legal cases between the parties, which simplifies the procedure significantly. The client’s primary concern is obtaining custody of their twin children, which will be a key point in the mutual consent petition.Under Section 13B of the Hindu Marriage Act, 1955, mutual consent divorce is allowed when both spouses agree that the marriage has broken down irretrievably and they have been living separately for at least one year. Since there is no dispute over alimony or property, the main legal consideration here will be child custody.For custody of minor children, the court prioritizes the welfare and best interest of the children. If both parents mutually agree to grant custody to one parent (as the client wishes), the court is likely to approve it, provided it is in the children’s best interest.The client should approach a family court with a joint petition signed by both parties, clearly stating the terms of divorce and custody. Legal assistance is recommended to ensure the documentation and hearing are handled smoothly.