Advocate Rahul Shrivastava

Questions Answered by Advocate Rahul Shrivastava

Q: We placed a case for divorce but now they are demanding money for that

Hello sir i was married 3 years ago in 2016 december. My wife is mentally retarded. When she get hyper we came to know about her mental illnes. My parents call her parents, her parents came to my home and took away their daughter by accepting it that she is mentally ill. And they said that they will favor mutual divorce. But they done nothing. This year in Feb i filed a case for divorce. In April it was first hearing and we both appear in front of judge and we both accept for divorce. Last month there was second hearing but they didn't appear yesterday was third hearing and they where absent again. I need help guide me sir what should i do? Give me some advice

Advocate Rahul Shrivastava answered
You can make an application for getting ex parte divorce on grounds of cruelty and desertion.Or ask the magistrate to issue summons/warrant in case.Either way you need to speak with your in laws on how they need to do this.

Q: Can my personal data is given to my wife.

I m govt servant,my divorce case is in court,my wife filed a rti in which she demand for my saving account number and pan number...can my office can give this information to my wife or not?Hindu religion

Advocate Rahul Shrivastava answered
If rti is filed under the position of wife then rti may not be entertained by your department virtue of being private personally identifiable information.However when it is filed as a private citizen seeking already public information such as assets declaration then it is allowed. Depends really on the application form for RTI.

Q: Legal procedure for out of court settlement of criminal case

sir I have filled a complained against a person who had made my fakeaccount on fb and was posting my pic from my past relation and was blackmailing me to upload my pic that was not relevant for anyone to see. Sir I m a student and I m really tired of court proceedings from last 2 years .I feel very depressed all this year and now I want to settle this issue out of court is this thing possible if yes then how

Advocate Rahul Shrivastava answered
You should move an application to withdraw the suit before the court after agreement of parties and submission of affidavit. Reference maybe drwan from Jaitley Vs Kejriwal suit in Delhi HC which was withdrawn today after consent of both parties.

Q: Kidnapping case falsely imposed over my relative for helping him

One of my relative had a fight with a press reporter as he was a bit injured they took him to hospital. After reaching there, they returned his phone and he called police. He reported a case of kidnapping against my relative, which is nt viable as they just took him to the hospital only.

Advocate Rahul Shrivastava answered
My friend this case falls under the general exception of crime under the Indian Penal Code. The accused that is your relative had only best interests of the victim. Anything done for the benefit of other person is no crime. Please read section 81 of IPC.However your relative can be charged under section 351 that is affray. Please refer to an attorney with complete case details.

Q: Remedy as cheque bounced and defaulter changed address

I have given 2.5lacs to a person who is garment shopkeeper and I helped in his bad times now he is not returning my money and also not answering my call.the problem is that he had closed his shop and shifted to another place and I don't have his house address.cheque has bounced two times.please help me what to do to get my money back please

Advocate Rahul Shrivastava answered
Please read S.200 of CrPc and file a complaint in the court of appropriate jurisdiction. Court will issue summons proclamation and warrant as per merits of the case. OTHER remedy is filling FIR under section 420 of IPC at nearest police station.