Advocate Prakhar Srivastava

Questions Answered by Advocate Prakhar Srivastava

Q: Cancellation of warrant in husband name for non payment of alimony.

Dear Sir,n I got married in 2016. My wife and her family had filed DV Act cases 498A cases and demanding alimony. I did not pay alimony. We have tried to settle the matter by one time payment. The are demanding Rs 10 lakh. We are givung the 3-5 lakh but they are not agreeing for itNow court had issued warrant in my name. Please help me in getting divorce and revert solutions and your advice regardingnna) How to seek divorce from her?nnb) How to cancel the warrantnnc) How to enforce them to settle the matter in Rs 3-4 lakh?

Advocate Prakhar Srivastava answered
विदाई का मुकदमा आप लगाइए और अपनी पत्नी के खिलाफ थाने में और सीपी कानपुर नगर को एक प्रार्थना पत्र बाबत धोखाधड़ी करने शोषण करने का दें यदि फिर भी बात ना बने तो तलाक का मुकदमा लगा दे आपकी शादी को कितने साल हो गए हैं यह भी आपने नहीं बताया है yadi 1 Sal se kam Hua Hai To aap marriage ko Nal invite ghoshit kara sakte hain

Q: Loan given against Joint fixed deposits without consent from joint acc

My husband made four fixed deposits in SBI of 10 lacs each with me as a joint account holder after completing all the formalities & documentation. All original FDRs are with me in physical form. Later he left me & moved to another city, stoped all my expenses without a divorce. After about six months he took about 29 lacs loan against these FDRs without my knowledge. When I approached bank, they informed me that my husband removed me as a joint account holder & made me a nominee. At no stage bank took my consent or even informed me about all this. Later my husband died from Covid. My question is whether bank had authority to change my status from a joint account holder to a nominee and later give a loan against these FDs without my written consent.I have branch manager’s letter where he has accepted that I am the joint account holder in these fixed deposits. What legal action can be taken against the bank.

Advocate Prakhar Srivastava answered
No bank had not any authority to change your status from joint account holder to a nominee without your consent. Bank did it at the behest of your husband which is breach of civil contract and fraud with you. you can file civil & criminal case to bank.

Q: Need best legal option available for marriage issue

one of my friend got married 1 month ago. After marriage in just 10 days her husband started torturing her like beating, threat to kill, locking in room. one day when she got chance she fled. Now after some time we found that her husband has relationship with other girls also. My friend has recording of some of incidents. she left her entire jewellery also at her husband place. Her husband family members are also taking his side.What is best legal option to my friend in current scenario.

Advocate Prakhar Srivastava answered
it is a clear matter of domestic violence and cheating. he can file domestic violence case against his husband and family. he can also file suit to declare marriage null & void not divorce because for getting divorce their marriage should complete one year. for legal advice you can call me.

Q: regarding money given to someone but now he refused to give back

My father has given money to one of my relative and he said he will give 2.5% interest on that every month and he said he will deposit that money in some society and promised to give money every month and issued 10 lakhs rupees cheque for that without date mentioned on that he has jwellery store and my father sent money in bank account, he has given money for 1 year by cash ,later he ran off from house and when he came he refused to give money and said he will deduct money tbat he gave earlier and return remaining amount only, and he even refuse to give proof wherr he invested money, he did same thing with 30+ people and took around 5 crores from public,is it possible to file a case or recover my money from that person.

Advocate Prakhar Srivastava answered
you can use the cheque given by him. fill the total amount in cheque he gave you and draw cheque in bank if it will get bounced then you can file suit u/s 138 ni act. you can also file civil suit for recovery of money if you are convinced then you can take legal advice from me.

Q: To know chargeseet process and whether the accussed was punished o no

I registered fir on 324,322,504.And the policeman registered an fir against that unknown person and he says that he presnted him in the court and penalty was done but we were never called for confirmation no info was given to us How to know whether that accussed was actually punished or not

Advocate Prakhar Srivastava answered
police is lying to ypu. accused hasnot been arrested yet. you need to hire a local lawyer then he will file an application in court for progress report in fir. why accused is not arrested yet and charge sheet could not be filed.