Advocate Sandeep Kadian

Questions Answered by Advocate Sandeep Kadian

Q: What is the procedure to quash an FIR and the timeline for the same

When we can challenge the FIR for quashing?? After Chargesheet or Before Chargesheet.. What is the time limit of quashing the FIR??

Advocate Sandeep Kadian answered
There is no time limit for quashing fir, but you have to go for quashing as soon as possible, before the charge frame(case commit), it will very effective for quashing.If you want to quash your fir mean you have to file the quash petition before filing charge sheat.Though fir can be quashed and no time limit is there the courts wait till submission of the charge sheet for such hearing.

Q: Procedure in case brother in law harassing the family mentally

kar diya or mere sisters in law ke Kahne par wo brother in law ke ghr Jane ko ready hue or ab unko rakh nhi raha h or apne app ko Marne ki dhamki deta h fir kaha Mei rakh lunga lekin tum ko harmonth 10000dene padega warna kaise kar dunga jail bhej dunga sir bhut pareshaan Hu mere husband kafi sidhe h isliye mere brother in-law unko dhamki dete rehte abuse Karte or mere sasur bhi unse mile hue h rehte hamre sath the lenkin unko puri information dete h mere shadi ke paise bhi brother in law ne rakh liye even Mei shadi karkebhi apne ghr nhi gayi balki jaha mere husband job Karte the wahi gayi na to mere husband ko apni pita ki jameen ghr Mei se koi hissa mila na unhe kuch diya fir bhi mere brother in-law or father-in-law mujhe or husband ko mental torcher Karte h baar baar Marne or Marne ki dhamki dete h pls help ki Mei kya karu Mei koi report nhi karna chahti but Mei or mere husband mentality bhut stress Mei h jis ke Karan mere miscarriage bhi ho chuka what should I do pls help me.

Advocate Sandeep Kadian answered
hisabse pahle aap fir kar sakte ho unke khilaf agar aap fir nahi karte to aap court mai ja sakte ho kisis advocate se milke aap uske khilaf case kar sakte ho ya fir agar ghar mai beth ke aapse mai aap sab ka koi fesla ho jaye to badiya hai nahi to aap court mai jake apna hak le sakte ho agar humse koi help chahiye to aap call kar sakte ho hum aapki help jarur karnge

Q: Can a girl ask for maintenance if husbands files for divorce

legal question Respected sir/mam Meri shadi 2 saal pahle hui,shadi ke 1st day se Lekar poore Ek saal tak mere husband ne iss marriage jo consumate nahi kiya Jab Bhi pucha to hamesha taal dete the,Although he is physically fit ,last Ek saal se wo mujhe chordkar chale gaye so my marriage has never been conducted due to his willful refusal ... He wants divorce but I don't want now he is planning to file for divorce sir Kya main maintanence ke liye claim Kar sakti hoon.. Kisi ne mujhe bataya hai ki apki marriage consumate nahi hui to mujhe maintanence nahi milega lakin Aisa ku .. Sir mere sath bahut cruelty hui hai please mere legal right mujhe bataye ,,unhone soch samajh Kar intentionaly divorce ka ground khud ke liye ready kiya hai pls suggest me what should I do...

Advocate Sandeep Kadian answered
hiagar aap chati ho to aap apne husband pe maintanence ka case dal sakti ho jis mai ke court aapki help karega aap ko maintanence jarur milega agar aap ko hamari koi help chahiye to aap hum se bhi smapark kar sakte ho

Q: Forceful marriage, want to get out of it by legal ways

sir meri sadi jabardasti karayi gayi thi, maine sadi se pahle apni wife ko bataya tha ki mai tumse sadi nhi karna chahta lekin fir bhi usne or uske ghar walo ne mujhe or meri family ko dahej pratha laga kar fasane ka mentaly torture karke sadi k liye majbur kar diya. hamari sadi ko 10 mahine ho gaye h or ham dono k beech koi saririk sambandh nhi bana h, mujhe usse divorce lena h, sir please koi aasan tareeka bata dijiye.. maine pahle bhi apna sawal kiya tha lekin koi reply nhi mila sir please is baar koi accha upaay bata dijiye

Advocate Sandeep Kadian answered
HIsbse pahle to yese koi kisi ko majbur nahi kar sakta aga aapke sath yesa hua hai to aap court ko sahara le sakte ho aapne kisi parkar ki koi complaint ki hai ya nahi agar ki hai to us pe kya action hua hai agar nahi ki hai to aap kisi bhi advocate se bat karke apna case dal sakte ho aap ko kisi advocate se milna padega or sari bat batani hogi tab aapka samdhan ho sakta hai

Q: How much time taken in divorce if both person living separate 2.5 year

How much time taken in divorce if both are living separate frim last 2.5 years and wife want divorce .So what is the way to take divorce now .

Advocate Sandeep Kadian answered
Dear Clint Separation occurs when a couple, married or common-law, no longer lives together as a couple. You do not have to see a lawyer, go to court, or have a ‘legal separation’ to be legally separated. You do not need the consent of your spouse or partner to start living separately. You are considered legally separated as soon as you and your spouse/partner start living ‘separate and apart’ from each other with the intention of separating.Separation usually means living in separate places, but sometimes a couple stays in the same house even though their relationship has ended.This may be for financial reasons or for the stability of any children involved. Each case is different so, depending on the circumstances of the case, a couple living under the same roof may be considered living “separate and apart”.Some signs that a couple living under the same roof may be putting an end to joint activities include:Staying in separate bedroomsCooking meals individually / doing laundry individuallyNot sharing social activitiesWhether you are in a common-law relationship or married, you will likely need legal settlement of your affairs during a separation, such as custody and access, child/spousal support, and division of property.If there is a separation agreement, these issues may be resolved without having a judge decide them for you. However, it is likely that the issue will still go to court to have the judge make an order.If there is no separation agreement, and the couple cannot agree on all the issues involving child support or custody and access, they can request the assistance of Family Justice Services, or apply to the court to have a judge decide the issues.DivorceDivorce is the legal end of a marriage. It does not end all of the obligations between spouses. It simply ends the legal relationship that was created when two people were married.The Divorce Act is a federal law that applies to legally married couples. It does not apply to common law couples or other unmarried couples.The Divorce Act sets out the requirements for divorce. The only ground for divorce is ‘breakdown of the marriage’, which can legally be established in three (3) ways. They are:Separation (1 year)You and your spouse must be living separate and apart for at least one (1) year before a divorce can be granted if separation is cited as grounds for the breakdown of the marriage.AdulteryAdultery happens when one of the spouses has voluntary sexual relations with a person other than his or her spouse.CrueltyCruelty may be physical or mental. You must prove that your spouse made it unbearable or intolerable for you to continue living together.Documents and ProceduresTo file for divorce, there are several documents required. It is strongly suggested that you consult a lawyer when considering a divorce. You can file for divorce without a lawyer, but often it is considered confusing and time-consuming; obtaining legal advice is advisable.In addition to providing the Court with various documentation, such as the marriage certificate, the applicant must complete the following Court forms to apply for a divorce:Originating Application: This form contains several sections which must be completed, and will require details of the marriage, the grounds for seeking a divorce, whether child/spousal support is being sought, and more.Notice to Respondent: This form notifies the other spouse that a divorce application has been filed, and that if he/she wishes to contest the divorce petition, they have a window of time in which to do so.Both of these forms must be submitted to the Court, and there is a filing fee. Once the documents are signed by the Court Clerk, the applicant will have 6 months to serve the other spouse with both documents. The papers must be personally delivered, by somebody other than the applicant. The person who serves the papers to the spouse must complete an Affidavit of Service to prove that the spouse has been officially served. This document also must be filed with the Court.If the spouse does not respond to the application or challenge any of the claims, the applicant spouse can proceed with an uncontested divorce, which is a fairly straightforward procedure.If the responding spouse disputes the grounds for divorce or challenges any of the claims (for custody, support, etc.), this is called a contested divorce. A contested divorce means that the applicant will have to prove the contents of their divorce application; they may have to prove the grounds for divorce, or give evidence as to why a particular matter such as custody or support is at issue. The responding party will have the opportunity to put forward his/her case as well. The focus of this hearing in Court is usually custody or support; the grounds for divorce are not usually challenged.Your divorce will become final 31 days after the judge signs the order for divorce. You will have to request a Certificate of Divorce from the Court. This may be done in person or by writing to the Court which heard your divorce. If you are unable to attend in person, you may ask a representative to attend on your behalf. There is a fee charged by the Court to obtain this document.