Advocate Piyush Shrivastava

Questions Answered by Advocate Piyush Shrivastava

Q: Getting decree of divorce if wife not appearing in court for proceedings

what happens if spouse does not show up for divorce court in india ?,in divorce case if wife is not present in the court then how many days court given decree to husband favour

Advocate Piyush Shrivastava answered
Sir, the matter about which you are talking can be proceeded ex-parte means the case for divorce may proceed in absence of the other party if the court is satisfied that the other party has been served with the notices or summons and the party is deliberately not appearing in the matter.

Q: If someone is threatening and abusing me, what actions can I take to protect myself?

If someone is continuously threatening my life and teasing me by abusing me, what should I do to protect myself?

Advocate Piyush Shrivastava answered
Please file a criminal complaint at your local police station. They will provide you security and take of your life and property. Moreover they may investigate the case after lodging your complaint if the case is cognizable one or you may get a direction from Court for investigation.

Q: What happens if summons sent to wrong address ?

Hello sir/madam , I just want to know if the summon issued by the court to any person in Criminal Case have wrong address n not delivered to him on time ,what happens if a court summons is sent to the wrong address, will court issue new summon with correct address or arrest warrant ? Also how many times a summon can be issued and when Arrest warrent turn comes out . Is it headache of the police of a particular state to delivered the summon on time to the correct person despite having the wrong address or they can return it to the court as 'non delivered' . Thanks

Advocate Piyush Shrivastava answered
The purpose, sir, to issue a warrants or summons is to secure the presence of the accused in court as to enable the court to proceed with the trial of the case and a person knowingly, that he is the accused of the case, is absconding, generally but not always summons are issued and even the summons were served on him positively, does not appear before the court, warrants bailable or otherwise may be issued to secure his presence. Practically, if the address of the accused is wrong, summons are difficult to be served on him and if the court is satisfied that the accused is not a absconder or is not concealing him, again summons be issued. For more detail please refer the ratio of the judgments of the cases- Raghuvans Deewanchand Bhaseen and Inder Mohan Goswami.

Q: Can a married woman live with another man without divorce ?

can a married woman leaves her husband to stay with before marriage lover....without filing divorce. Is this possible? Religion- Hindu, is extra marital affair legal in india

Advocate Piyush Shrivastava answered
Everything is possible and no action can be taken against the wife but the person with whom the woman is residing can be prosecuted for adultery under section 497 IPC. So advisable is that without decree of divorce, avoid such kind of relationship.

Q: what to do if bail is rejected in sessions court ?

My friend has been charged with sec 379, 420, 467, 468, 471, 65-66 IT act, 3/6 exam in FIR and is presently under 14 days judicial custody. His bail application for consideration before session court Allahabad is due shortly. Many are suggesting that getting bail at session court is very dim. In case his bail application is rejected, what will be better course of action either to move high court or tendering fresh bail application in session court. what to do if anticipatory bail is rejected by sessions court? How much time it is likely to take and what are the chances that high court will grant bail on aforesaid sections.

Advocate Piyush Shrivastava answered
Sir, the suggestions if are not gospel, are having some strength in it. the chances of bail from Sessions Court is almost fainted. Better to get the bail disposed of and move a bail application before Hon'ble High Court of Judicature at Allahabad. The bail application comes before the Hon'ble Court after at least 13 days as 10 days time is given to state to get instructions from concerned police station and after the lock in period of ten days, it is mature for filing and after filing, it comes for hearing after leaving one working day. IF THE HON'BLE COURT IS PLEASED, IT MAY GRANT BAIL ON THAT DAY OR CAN GIVE STATE SOME TIME TO FILE COUNTER AFFIDAVIT. In short if the bail is granted at first hearing, it takes 13 days, and if counter is callede, it may take some more time.