Advocate Priyank Upadhyay

Questions Answered by Advocate Priyank Upadhyay (25+ answers)

Q: Married as a minor, wife cheated on me, and her father asking 15 lakhs

Hi, i was 18 at the time of marriage, rn i am 19, she is 26, i was arranged married, forced by her family, they even gave us 2 lakh rupees for marriage expenses, as we said we have bad financial condition to do it, so theygave 2l, after marriage, i found she is mentally ill, she used to threat of jumping from terrace before marriage, and ran away from home too, she tried to stab me once, and she cheated on me with an neighbour, her father is saying to give 15 lakhs if don't want to stay withher

Advocate Priyank Upadhyay answered
You must promptly approach the jurisdictional Police Station and formally lodge your complaint detailing the true facts of extortion and criminal intimidation, to ensure necessary criminal proceedings are set in motion.

Q: Need lawyer and price for mutual divorce and withdrawal of 498A case

Hello,My wife has filed a 498a case on me. Both the parties now agree for a mutual settlement where mutual divorce would be there and the 498a case would be withdrawn. I need the complete package fees for both the action items to be executed.

Advocate Priyank Upadhyay answered
Hi If both parties have mutually agreed to settle the matter and are willing to proceed further in a cooperative manner, the process can be handled more smoothly and efficiently. A mutual settlement helps in reducing unnecessary delays, legal complications, and emotional stress for both sides. Once the intent to proceed jointly is confirmed, the next steps will involve preparing the required documentation, outlining the agreed terms and conditions, and initiating the appropriate legal proceedings as per applicable law.In such cases, professional fees and any associated costs will be determined based on the scope of work involved, including drafting, filing, appearances, and any additional legal support required during the process. A detailed fee structure, along with a clear breakdown of services, will be shared transparently to avoid any confusion at a later stage.All communication regarding fees, documentation requirements, timelines, and procedural aspects will be sent to your registered email address for your convenience and record. This ensures clarity, proper documentation, and ease of reference throughout the process. Once you review and confirm the same, we can proceed promptly with the next steps to formalize and complete the settlement.Thanks

Q: Maintenance dispute resolution in ExParte Divorce

My problem in Divorce case is that wife is deliberately avoiding summons, so even if ExParte Divorce is granted, without Income Assets and Liabilities Affidavit of wife on Court record the maintenance dispute is unresolved and wife can harass me lifetime for maintenance.As a expert how can you help me in such situation? kindly advise.

Advocate Priyank Upadhyay answered
If the wife is deliberately avoiding service of summons, the court can eventually allow substituted service (like publication in a newspaper). If she still doesn’t appear, the court may proceed ex parte (i.e., in her absence) and decide the divorce case based on your evidence.Further with respect to maintenance:1- If she has not filed any maintenance case, she can still claim maintenance within the divorce proceedings under laws like Section 24/25 of the Hindu Marriage Act.2- If she has already filed a separate maintenance case (e.g., under Section 125 CrPC or Domestic Violence Act), then that matter will usually be handled independently, and the court may adjust amounts to avoid duplication.

Q: Filing for mutual contest divorce on monday

We want to go for mutual consent divorce on monday(23/3). In how many days court consider petition and registered in family court. provide the complete detials to take care in the petition.

Advocate Priyank Upadhyay answered
Hi, it depends on which jurisdiction you wish to file. We take a day to file the petition subject to receipt of all documents, and thereafter registry takes a week to list it in court.The first date of listing is usually admission and counselling, post which court gives a 6month cooling off period.

Q: How to get order sheet/ Copy of objections in final report

I had a lodged a FIR. Since 1 year police didn't submit final report in court. SHO & ACP says court is not accepting because of workload. I know they are lying. 1. How can I get Order Sheet/ Copy of Objections in final report by court? 2. What's the full procedure of it? 3. Can I get this myself without a lawyer?4. Or can I get this documents from court by filing RTI?

Advocate Priyank Upadhyay answered
You may consider filing an application before the concerned Magistrate to seek directions to police complete the investigation and file a chargesheet within a fixed time, highlighting the improper conduct.