Advocate Rajeev Srivastava

Questions Answered by Advocate Rajeev Srivastava

Q: Can wife claim maintenance later after mutual consent divorce

1. Me and my wife are about to file mutual consent divorce. 2. She is highly qualified from premier institute and with foreign degree. 3. The settlement has been done with certain amount which includes marriage expenses and full and final settlement. Can wife claim maintenance later after the full and final settlement amount is paid and divorce has been granted?

Advocate Rajeev Srivastava answered
if your wife agrees to relinquish her right to claim maintenance in the future and mention it on the settlement deed file along with the mutual consent divorce petition, then she can not able to file maintenance petition against you. if you need any further information or clarification, then please contact me

Q: My boyfriend Refuse to marry me after physical relationship

I am in a relationship from 1&half year.my boyfriend said that he will marry and we became physical.but now he refuse to marry.i want yo talk his married sister but her husband threatening me that he will report my no. In police station if i msg him.I do not understand what can i do?i want marry him because he promised me that he will marry me after physical relation.pl. give me advice what can i do?

Advocate Rajeev Srivastava answered
you can file a police complaint against your boyfriend for breach of promises to marry and made physical relation with you without your prior consent. The hon'ble Supreme Court has given judgment on this point also on various matters. if you need any further information or legal advice then please call me back without any hesitation

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

My wife and inlaws had lodged an FIR against me and my family members (mother, father and younger brother). The FIR contained sections 498A, 307, 323, 504, 3 and 4. nnWe connected with IO, provided all our evidence (cctv footage, phone recordings etc) which clearly confirms that we are innocent. The IO had also collected our phone location records and which confirms that the charges mentioned above are false. The IO agreed to the fact and told us that he would remove all the sections except 498A, 3 and 4 while filing of chargesheet.My queries are:n1. How we (accused) will get to know when the chargesheet is filed? Does the IO inform the accused while filing or will the court send a summons?n2. What is the process after the chargesheet is filed? n 2(a) Will court send us summons and ask us to appear in court? n 2(b) Do we need to apply for bail on the same day as first appearance in court after filing of chargesheet?n 2(c) Is it better to file for regular bail or AB?

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