Advocate S P Srivastava

Questions Answered by Advocate S P Srivastava

Q: what happens if wife doesn't appear in court, can court give decision ex parte ?

Hi, I have filed null n void case against my spouse as she didn't disclose her earlier marriage happened before my marriage and didn't take the divorce from her 1st marriage. Now, Neither she has been accepting the summon and nor coming to the court on hearing. Don't know the status of summon? What should I do that she would accept the summon and incase if she wouldn't appear after receiving the summon, what happens when a spouse doesn't show up for divorce court ?,Ex partie decision would be granted by the court? Generally after how many summons, it takes to give ex-partie if she would not come to the court? Just I need to that my null and void decision would come out successfully at earliest to process on my life further.

Advocate S P Srivastava answered
You must be having your lawyer why don't consult him to find out status of summons? It can be ascertained by inspecting file. There is no such fixed rule for passing exparte orders after how many summons but in practice it could be after 2 3 summons having been served and party fails to appear despite service. It depends upon your counsel to take necessary steps for disposal of the case at an early date.

Q: Can I file a defamation case and claim damages from my wife for filing a false case? Can a husband f

A husband and wife have 17 year old daughter. Wife files a case under 498-A against husband but the District Court in Delhi rules in favour of the husband. The wife again files an Appeal in the Sessions Court/Metropolitan Magistrate Court and that also upheld the decision of the District Court, but directed the husband to pay a monthly sum to his daughter living with his wife for his school fees till the age of 18 i.e. for 1 year only. Now, the husband has lost of job because of the cases filed by his wife. Q1 . Can the Husband go to High Court and file a Criminal or a Civil Writ Petition , also a defamation case and claim damages from his wife for loosing his job and reputatuion ? Q2. Can the husband file for Divorce Proceedings against her wife ? Is it feasible for the husband to file this divorce case ? Can the wife demand maintenance and property from the husband ?Can he oust wife from his property ?

Advocate S P Srivastava answered
Yes you can file suit for damages for all your harassment and loss of job and reputation as well.You can file divorce case on the ground of cruelty as her false action amount to cruelty. She can demand maintenance but not property.If you oust then she may claim right of residence under DV Act. For any clarification and or legal help you may contact me through this website if you so desire. I am in Delhi High Court.

Q: How can I prove that husband and wife are living separately for the last 3 years, even though they a

How can I prove that husband and wife are living separately for the last 3 years, even though they are not legally separated? Can husband and wife live separately without divorce?

Advocate S P Srivastava answered
Are both living in same house or different house?It can be proved by documentary evidence as well as circumstantial evidence. If one party controvert then you should seek permission of court to lead evidence to prove factum of separate living.For details you may contact me on phone through this website.

Q: What is circle rate of property ? Can a person purchase any property at a price more than circle rat

Can a person purchase any property at a price more than circle rate of the area? For e.g. if the circle rate of xyz area is 4,70,000 (in J.J colony ), then in that case Can a person purchase that property in 15 lakhs, I mean, is such registry possible?? what if sale consideration is more than stamp duty value ?

Advocate S P Srivastava answered
Circle rate is for the purposes of purchasing the property for not less than the same but it may be more than the circle rate on which stamp duty need to be paid. So the amount of sale consideration even higher than the circle rate has to be mentioned in the transfer document and on that amount stamp duty is required to be paid.

Q: Can i leave the country with a pending court case in india ?

my wife has filed a domestic violence case against me. there is also a pending 498a case too. I have got AB and also regular bail and charge sheet is submitted and charge is yet to be framed. The DV case is running and i am contesting both the cases. there is no condition or restrain order to go abroad in 498a or DV case. can i travel abroad with 498a as a tourist for short term like 7 to 10 days. Will it weaken my case? By the way, the case is false and since my beloved wife is super greedy , she has filed these cases for free funds, as it appears on the face value of the case. in DV case, she has applied to take my passport into custody, but nothing of that sort happened as i am contesting the case and my lawyer is appearing on the dates. please suggest !

Advocate S P Srivastava answered
If there is no restrain order from leaving the country you may go for short term unless there is a direction for your appearance in person in civil cases. In FIR matter even exemption can be applied by your lawyer. You should not jump the bail.