Advocate Rajeev Upadhayay

Questions Answered by Advocate Rajeev Upadhayay (25+ answers)

Q: Can i leave home at 18 without my parents consent in india ?

I am a 19 years old girl from Delhi i havr many issues with my parents i want to move out n leave them one of my friend is helping me to get settled can I legally move out at the age of 19? What action can my parents take against me or my friend? what are my rights after 18 years in india ?

Advocate Rajeev Upadhayay answered
If your friend is also above 18 yrs than no problem both of you. if have faith than you can leave with him. your parents will approached concerned police station against your friend. in I.P.C. 363 etc.

Q: Matter of 498a is already pending then also sec 9 has been filed

If sec.ipc 498A is pending in the chief judicial magistrate court and sec.9 is registered and pending in family court before 498a then what sec.9 is Applicable ?

Advocate Rajeev Upadhayay answered
who is filed sec. 9 case ? if wife has been filed than section 9 is not maintainable before 498 A. Further husband is filed than its maintainable. it also depend on case stage. whether the wife chief examined in 498A case ?

Q: NRI husband torturing his wife and insulting in front of people

I am from Sikh family and my husband is U.S.A I got married in 2015. He is a school teacher in NY. My husband has a tendency to torches in some of the other way. He has nature of insult people. So many things which can not be explained.i need some help regarding this matter. Kindly help me.

Advocate Rajeev Upadhayay answered
first of all, you have to approach counselor, who discussed your problems, if mater sought out than well n good.otherwise you have to file domestic violence case against him and you have reside in USA than approached there concerned authority for further legal action.

Q: Recovery Of Money for someone who promised permanent job

Sir someone had took money from me and said that I will give you permanent job .in starting he was demanding 5lakh .and we entered into agreement.but same day he returned check and misguided me to give 2lakh.and said give 2lakh instantly .I sent 17000 by net banking and gave 30000cash.but now he is denying ..and delaying months .it's been almost 1yr now.i badly need money in present time.i am hopeless what to do.please suggest me something sir

Advocate Rajeev Upadhayay answered
sir, you have to file a civil recovery suit against that said person because you had paid to him from their account. whether you have cash payment receipt or not ? first of all you have to show that agreement which you had entered.