Advocate Rajeev Srivastava

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Questions Answered by Advocate Rajeev Srivastava

Q: Court fees on Dowry amount which has been captured by boys family

Hi,nI have files 2 cases in family court one is divorce and second one is to get my things back, Fürther I have got the court order in my divorce case, however in Saman vapsi case it is pending for final hearing as opposite party is asking to pay the court fee on the total dowry amount, I am liable to pay the court fee on dowry amount, Please advise.

Advocate Rajeev Srivastava answered
if you have filed a petition under Section 406 IPC regarding saman vapisi as stridhan, then you have not been required to pay any court fees, but if you file a civil suit for recovery of your stridhan then you have to pay court fees on the value of goods. however, generally, lawyers advise filing a criminal case in spite of a civil suit. you can call me whenever you want anything else without any hesitation

Q: Bail procedure after filing of chargesheet

Hello esteemed lawyers. I have received a summons from Surajpur court, Uttar Pradesh u/s 498a, 504. The FIR is registered in Dadri, Uttar Pradesh and the chargesheet has been filed. The first date of appearance is 10 April. I want to apply for bail for all three accused, myself (husband) and my parents. My query is as follows:nn1. I will be applying for bail before the first date. Do we need to inform the opposing party as well that we are applying for bail on so and so date?n2. Can the opposing party oppose our bail application as well? I understand that if the offence alleged is bailable, then, the accused is entitled for Bail as a matter of right.

Advocate Rajeev Srivastava answered
it is incorrect that the offense of 498 ipc is bailable. you should file an anticipatory bail application before the concerned district judge court or challenge the chargsheet before the high court judicature at allahabad and obtain a stay order. if you need any further information then please contact me

Q: Defame me and my miner beti by my brother-in-law

Mujhe or mere beti ko mera devar badnam kar raha hai, office ke staff ko or jan pahchan ke logo ko what’s up ke madhyam se kuch galat galat kah raha hai mere personal photo bhej raha hai, wah Bihar Mai hai Mai up Mai iske liye mujhe kya karna chayein, please help me

Advocate Rajeev Srivastava answered
you should file a police complaint in cyber cell in your are against your brother in law for harassment and demeaning your reputation in society by sending your photos on whatsapp without your knowledge and consent. you can call me or contact me personally without any hesitation through the administrator of this website

Q: Contested divorce filed by my spouse. I dont want divorce.

Me and my husband has first filed for mutual divorce. But after that my mind changed and I decided to withdraw. My husband has then filed contest divorce and court has sent me summon to appear in court. If i dont appear, then what will happen?

Advocate Rajeev Srivastava answered
if you don't appear after receiving the summon issued by the family court then in that case the court will proceed Ex-party against you. So it is better to appear before the family court and file your written statement. if you need any further information or clarification then please contact me without any hesitation

Q: Child custody for 3years old son as father is forcing the mother to ab

I m dentist,42,my husband is top management position in mnc company this is our second màrraige nWe have a 3years old son n m pregnant with four months .my husband is overtly abusive verbally n rude n very dominating nHe has been forcing nw to get an abortion done since last three days that y m planning to file a divorce case nI m presently not earning wellln he is earning well nWat chancse are there for me to have custody of my 3 years old son

Advocate Rajeev Srivastava answered
I have seen your query carefully and found that your husband is a very abusive person who is doing domestic violence with you. if you want to get rid from this person then first of all lodge a police complaint in Mahila Thana or concerned police station for physical and mental torture along with demand of dowry etc with the help of any competent lawyer. you have full rights over your son till the age of 5 years according to the guardian and ward act. you can also file a petition under domestic violence act. if you wish to consult with me for further information and assistance then please contact me without any hesitation through the administrator of this website