Advocate Rekha Kumari

Questions Answered by Advocate Rekha Kumari

Q: Wife filed 498a case on me can i file divorce during 498a case ?

Iam an Hindu, My wife filed dowry harassment case 498a and 307 case on me, recently prc numbers given, not even trials started, and I'm not ready to lead my life with her further. so my question is can i file divorce. If so, is it right step or it will be an advantage to her to strengthen her fake case?

Advocate Rekha Kumari answered
No, you should not file divorce now. It will be a wrong step and she will have an advantage for her case. You have to better contest the case she filed and prove her guilty and if you both decide to separate then divorce will be allowed or you both can mutually sort out your problems and file mutual consent divorce that would be much better.

Q: What is ia status in court mean ?

I am a plaintiff. After i had received a notice from Court, I have submitted my plea statement in front of Court. Later court status is showing as Call with IAS PENDING.. What does ia pending meaning in court? and what is ia number in court?

Advocate Rekha Kumari answered
It means I.A is pending that is the interloculatory application which you have filed asking for some relief is pending and that interloculatory application is to heard on next date of hearing of your case.

Q: How to appeal if imprisonment is granted in civil case

How to appeal if prison sentence was awarded in civil case

Advocate Rekha Kumari answered
You need to provide what case and what was the sentence given. if you provide full details then we can help you in this regard. Be brief but at least explain the case in short and the sentence is awarded for what allegations, so that we can advise where to file appeal. Appeals can be filed in a higher court so you should even mention the civil court name where you were awarded sentence.

Q: Divorce can be done within 1 year of marriage

I got married in June 30, my wife stayed with me for 10 days n went to her home, present she is staying with her parents.. she is not willing to come with me. She is demanding divorce now.. please guide me.. should I pay anything to her with no reason ??

Advocate Rekha Kumari answered
If she is demanding for divorce without reason and you are willing to keep her with you, you can file restitution of conjugal rights and ask her to come back to her matrimonial home. When you file restitution of conjugal rights, you will be saying that you are interested to join her back but she is not interested. Thanks.

Q: Can a divorcee man marry a already married but separated women

I got divorce legally i met one woman recently.can i marry that woman.but she did not get divorce from her husband...and she is leaving separately since one year.can i marry her?

Advocate Rekha Kumari answered
You can marry her only if she is also legally divorced. If she is not divorced and just separated according to Hindu Marriage Act her marriage is still not void and she can only live separately but cannot remarry unless she opts for legal divorce.