Advocate Sharad Kumar Agrawal

Questions Answered by Advocate Sharad Kumar Agrawal

Q: Can husband file divorce in USA if married in India

My son & his wife were about to go to USA, as per my Son's Company. Suddenly, few days before departure, she backed-out & went to her parents. 50+ months have passed. Total silence from their end. Tried all possible communications- no reply. It is a 100% NO-FAULT case for my son. They never filed any Police Diary. Heard they have filed for Divorce 12 months back, with demand for Alimony; Court yet to "serve" Summons at USA. They r not attending Hearing also. Just enjoying that my son suffering for Company at USA. Can he file for DIVORCE at USA, which will be legally acceptable in India?

Advocate Sharad Kumar Agrawal answered
No divorce in USA can only be filed if the parties are living in USA and disputes arose there. When she has filed case of divorce in India otherwise the divorce proceedings in USA shall have no bearings. it is better to contest the case and appoint an attorney in India so that your son can work peacefully in USA. thanks

Q: What would be the best way to cancel my marriage without any trouble

I am about to get married in next 2 and a half months. though since last few months i am feeling that there is no feelings in the marriage rather i dont have any feelings for girl. hence i said no to the marrige ..to which her parents are now threatening to things to me ..what should be the way forward.

Advocate Sharad Kumar Agrawal answered
please avoid marriage otherwise complications may increase. It is better to sort out the things without going for marriage. Nodoubt how much they are threatening but yet you have better chances to end the relationships.

Q: Girlfriend threatening to commit suicide what should I do

My girlfriend threatens suicide each time & How to Deal With Aggressive & Threatening Behavior

Advocate Sharad Kumar Agrawal answered
Please lodge a NCR with the local police. Handle the matter with patience. If you send detailed episodes of her aggressiveness then only it is possible to give proper advice and judge the things in her mind. How long you have been in relationship, strength of relationship and details of your work profile will add to better advice.

Q: House sold but buyer failed to make payment

<p>If some one has sold the house/flat but the buyer has not given payment due to cheque bounce then what is the procedure under these circumstances and procedure for re registration of property back to seller also the seller died after selling property to buyer.</p>

Advocate Sharad Kumar Agrawal answered
Serious consequences follow. Need to study your contract and sequence of events. you have all the protection available from the courts and law is strict in such cases. You have to file civil and criminal cases. Please let me know the status of possession which will very crucial in the said case.

Q: Can I file dowry case after 7 years again if already filed once

<p>If a girl has filed 428a (dowry case) against her husband and in laws before completing 7 years of marriage then can she file the same case again after completing 7 years of marriage under the following three scenarios: 1) she took the case back filing a compromise letter and living with husband but separate from in laws. Also IO didnt find anything meaningful and concrete during investigation. 2) Accused family was found guilty and punished</p>

Advocate Sharad Kumar Agrawal answered
YES YOU CAN FILE DOWRY CASE SHOWING CONTINUING CAUSE OF ACTION. You have to get the case drafted by a good lawyer and vital offences are to be highlighted. further if the proof of beating at first or second stage is available, you will get a favorable and sympathetic approach from the court as well. Certain lawyers says that no dowry case does not lie after seven years of marriage but that it is a myth and nothing else. Take brave decision and fight with all your might and you will succeed in the case.