Advocate Shivam Dwivedi

Questions Answered by Advocate Shivam Dwivedi

Q: Query for not to include in a case filed against my elder brother

Hello sir, My elder brother is criminal minded person. He used to beat his wife and my mother. We also have filed a complaint in nearby police station against him but he is not arrested yet. His brother-in-law also threatened us to take action against all of us including my mother and my younger brothers. So I need a good solution to get rid of this situation. Thanks.

Advocate Shivam Dwivedi answered
Hello your elder brother is a criminal-minded person. He kills his wife and your mother. You have also lodged a complaint against them in the nearby police station but it has not been arrested yet. Her son-in-law also threatens to take action against everyone including your mother and your younger brothers. As you said, your mother should take her away from her property and register her case in the relevant court. Thank you.

Q: Husband is playing mind games on my sister within 1 yr of marriage

Hi, I have a sister who got married last year in November '2017 but since then both of them (my sister and her husband) had been living separately. Actually, her husband had lost his job just 1 month before her marriage in Oct 2017 (dont know if its true but this is what he tells us) and since then didnt get a job until June 2018. Also, since June onwards, her husband had been playing a lot of mind games with her like not talking nicely to her and not treating her well. He even went on spreading all kinds of lies to his family as well. Now, he have blocked her phone number and is trying to avoid everyone's calls. His family is also not very supportive and keep telling my sister only to cooperate and compromise. Please let us know what can be done in such a scenario. We dont even know where does live in Delhi and dont even know his address where we can meet him. His family is not ready to give his address to us and telling us that they dont know themselves.

Advocate Shivam Dwivedi answered
First of all, you should file a case against the entire family in such a situation, then milk will be water of water and your sister's husband will be able to know. If there is a problem then you can call us and get help.

Q: What to do if father kidnaps her own daughter

Hello Sir, I (27 year) like a girl (24 year) since 2012, her family know every thing from starting, now we want marriage at this time her father denying all things, as i forced to marry he hide his daughter and file a FIR at local police station, As his Girl is missing. we have not complete any count marriage formalities etc. Because earlier her father was agreed or never do like same we meet them together many times. She lost her mother in childhood in road accident her father made another marriage. her father rape her, she got pregnant then he made abortion because some amount is given by govt against her mother as she become 20+. We are belonging from same village, please suggest me what should I do ? Or skip all thing here only ? I have no proof regarding the same unless girl is missing too. Thanks

Advocate Shivam Dwivedi answered
First you tell that what you need to do if you that girl with the want to get married, then can it no stop can't because you both are majors and you met me also can is much information to just a Your in fact in should be

Q: What actions lie against Investigating officer

Incident occurred on 30th September 2017 and FIR register after Uttar Pradesh CM Request Under Sector 154Cr.P.C sections-380 on 11 October 2017, Thief Stolen items. Police was not taking the FIR initially , after 10 days FIR register. Based on Video Footage FIR registered against two known and two unknown people. Now Investigation Officer is making false report and saying FIR will be rejected after report. What sort of action we can take?

Advocate Shivam Dwivedi answered
Sabse Pehle Aap Ko 2 Agyaat 2 Naam jaad vyaktiyon ke khilaf sambandhit Nyayik magistrat ke Samach 156 3 CRPC CrPC ke antrgat aapko casefile karna padega aur 200 CRPC ke antargat aapko Apne Bayan Darj Krane padege aur 202 CrPC ke antargat Sakshiyno ke Bayan darj Krane padege Phir order abhiyuktno ke khilaf ho jayega.

Q: Wife & in-laws threatening to file false case, what to do

sir, I got married on 28-04-2017. From the very starting my wife behaved as she is not a part of this family and just passing her time. She used to go near her parents very frequently and always fight with me. On asking the reason for such a behaviour she replied that she want me to go according to her parents. My inlaws insult me and my parents by abusing and bad words. They are also threatening to file false dowry and domestic violence case. Their clear intention is to seperate me from my parents. My wife is also not with me . It seems that she is not interested in me. She always tries to insult me. She has also blackmailed me for suicide. I am very much depressed and i think that I will not be able to live happily with her. I also asked her that if you are not happy then give me divorce. But she refused and said I will not leave you but if you will not live according to me and my parents then I will get you in jail in false cases. Sir, please suggest me what shall I do.

Advocate Shivam Dwivedi answered
As per your query it is clear that your wife is not ready for Divorce. You said you both married on 28-04-2017. You can approach the conerned court and apply for divorce. You approach an Advocate.and any problem to you plz call me.