Advocate Rahul Kapoor

Questions Answered by Advocate Rahul Kapoor (100+ answers)

Q: Can court allow Divorce decree to the husband alone?

Hi, My name is Navneet Kaur. We have filed Mutual divorce on 21st feb, 2025 under Hindu Marriage Act. Our First statement has been recorded and our second motion hearing will be in August. I am not taking any Alimony. Now, I have two questions:-1. If I do not attend the second motion hearing so can my husband take divorce? 2. Can i go to abroad without Divorce Decree?

Advocate Rahul Kapoor answered
Hy Navneet Kaur ! It is not advisable to not attend the court hearing on second motion to be held in August. however if u don't want to pursue the divorce you can deny signing the second motion and withdraw from the proceedings. Coming to ur second question, Yes you can go to abroad without a divorce decree but consult me before hand for detailed discussion about your plans .

Q: Married in india and got divorce in canada

I was married in india in 2018 and got a divorce in canada in 2025 . Is it valid in india and can a remarry in india .

Advocate Rahul Kapoor answered
A divorce granted in Canada can be valid in India only if it fulfills the requirements under Section 13 of the Civil Procedure Code regarding recognition of foreign judgments. It must be granted by a court of competent jurisdiction, on grounds recognized under the Hindu Marriage Act or other applicable personal law, and with both parties having participated in the proceedings or having been duly served. If these conditions are met, you can apply for its recognition in India, and once recognized, you are legally free to remarry here. If not, you may need to obtain a mutual consent divorce or contested divorce decree from an Indian court before remarrying.

Q: Mera naam muskan hai meri engagement ki 4 saal ho gye hai and he was i

Mera naam muskan hai meri engagement ki 4 saal ho gye hai and he was in army or usne nujhe 4 saal emotional mentaly physically use Kiya or shadi ke time aya toh dowry maang rha hai or shadi se mana kr diya hai mai mentally bht depressed hu or meri family koi legal action mai meri support nahi kr rhi mai kya karu

Advocate Rahul Kapoor answered
you can yourself move an complaint to your concerned police station or to their higher officials to register an FIR for false promise of marriage. even then if no action is taken you can move an application to Concerned magistrate to direct the investigation in your case.

Q: Non Bailable warrant Issue to my name

i have shifted another city after my Shifting A person raise a case Against me which i have no idia In 2023 But write no suudenly police go to my old address to arrest me to say that court issue me a non bailable warrant now what to do

Advocate Rahul Kapoor answered
you have to file for pre arrest bail and cancellation of non bailable warrants to avoid arrest from police. Do it as soon as possible to avoid any delays. I can guide u more vividly after knowing the case and your side of story. regardsAdvocate Rahul Kapoor

Q: Getting blackmailed by name of gangster and case of extortion

A person, (corporate lawyer) by nature id continuously harrassing me and his goon are calling and threatening me to pay them the money. The corporate lawyer was associated with my husband through a business, my husband owned a mobile application development services where he came to us for a gaming app. We had provided him all the demos and the meeting as per his dates and had worked on his project for approx 1year, where he had paid us half of the amount and though he had taken the entire amoun

Advocate Rahul Kapoor answered
If someone is threatening, harassing, or using goons to demand money, it is a criminal offence. You should immediately file a police complaint under Sections 503, 506, and 507 IPC for criminal intimidation and harassment. If this person is misusing their legal position, you can also report them to the Bar Council for professional misconduct. Preserve call records, messages, and any other evidence. Additionally, you may also initiate a civil claim for breach of contract and unpaid dues.