Advocate Prateek Kumar

Questions Answered by Advocate Prateek Kumar

Q: How to get divorce and child custody

Hindu: I wish to apply divorce from my husband on issues of abuse and compatability. We have a son 20 months old. He threatens to take the child away. Need guidance

Advocate Prateek Kumar answered
As u have said that there is non compatability, then you can file mutual divorce if your husband is also ready to separate.If not then you can file divorce against your husband under hindu marraige act which provides various grounds for divorce.In terms of child custody your case is strong as the child is just 20 months old.Note one thing keep your child with you and told let your husband take his forceful custody.

Q: Husband has extra material affair with co employee what can I do

My husband has extra marital affair.they are in same office.can I send a notice to both of them through any lawyer.so that they not to talk to each other.

Advocate Prateek Kumar answered
Yes you can send it, but what will be the use. You should rather collect some evidence secretely at this stage and use against your husband in court of law. You can file case against your husband under the protection of Women from domestic violence Act.

Q: What is the procedure for a cheque bounce

How to proceed and contact lawyer if cheque issued by an individual bounces. What's the lawyer fees and in how many days we get the amount . Is lawyer fees is also compensated

Advocate Prateek Kumar answered
Please contact to initiate the proceedings, which starts with sending legal notice. The case is summary trial and does not take many dates. The fees can be compensated by the court.Contact for further information

Q: Husband not taking care of wife and child

Husband stays away wantedly since marriage,and does not take any responsibility of family, nor child expenses.Escapes any encounter to avoid all responsibilities.Please suggest which case to be filed against him and his parents for being irresponsible and mentally torturing wife and her family from the day of marriage.

Advocate Prateek Kumar answered
First you should file a petition under Section 125Crpc for maintenance.Then you can also file a complaint under section 12 of DV Act for the mental torture and shall also file a complaint before CAW Cell, which will later be converted into an FIR.

Q: How can father transfer his property to his son during his lifetime

My father and mother both alive and we are one brother and four sisters during life time my father and mother wants to transfer all rights to son regarding commercial property which has one shop on gd/mezz fl. in my father's name and one small shop on grd-1st fl all terrace rights is in my mother’s name so(1)which documents like NOC from all four sisters or a Relinquish Deed ( please provide the format) require for legally surrender their rights in favour of brother.(2)One more thing my parents will decide later for Resi.Prop

Advocate Prateek Kumar answered
If your father is absoluete owner then he can make a gift deed in favour of your brother regarding the property mentioned by you.You should take help from local advocate for drafting and registration of the gift deed.