Advocate Shubham Agarwal

Questions Answered by Advocate Shubham Agarwal

Q: Had Intimate chat with a below 18 year girl wrongly

My question is....I chatted with a girl I know on Instagram....so we had some intimate chats and voice messages but when I realized she was under 18....I told that below 18 I don't want this....my question is after her 18....if she complains anything about me.....will there be any problem for me

Advocate Shubham Agarwal answered
Under Indian law, any kind of sexual or sexually explicit communication with a person under 18 years of age — even if it is consensual — can potentially fall under the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Q: Surname misspelt only in pension payment order book.

Adhar, pan,bank passbook everywhere the name is correct but only in husband's pension payment order book has misspelt surname.If we go to make the documentation for cd of gazette notification , everywhere asking old name. Which name should we write? If we will write the misspelt name, address proof will not match and at the place of signature I have to do my original which will not match with the old name.In that case my application for gazette notification may be reject.

Advocate Shubham Agarwal answered
Prepare a “One and the Same Person” AffidavitThis affidavit is crucial and should state:“That my name is correctly written as [Correct Name] in all my records such as Aadhaar, PAN, Bank Account, etc., but in my husband’s Pension Payment Order, my name has been erroneously written as [Wrong Name]. Both names refer to one and the same person, i.e., myself.”It must be:Notarized by a First Class Magistrate

Q: Promise of marriage but now talking to other girls for marriage purpos

I met this boy on matrimony site, after talking to several boys he seemed decent. He is from UP and currently due to work I am posted in Benga but after 2 years i could take transfer to Up. In the initial days only i said all the issues that could arise long distance and all. He said that its manageable as he sees me as his future wife.He came to meet me after 2 months and emotionally blackmailed for physical intimacy. After going back i came to know he is talking to other girls for marriage now

Advocate Shubham Agarwal answered
If he coerced or emotionally blackmailed you into physical intimacy by making false promises of marriage. File an FIR or complaint at your local police station for false promise of marriage. File a cybercrime complaint on the National Cyber Crime Reporting PortalThis is punishable under Section 67A of the IT Act (sharing obscene content) and Section 354D IPC (stalking).

Q: Want to go through mutual divorce as well as annulment

I and my partner has registered marriage by law. And we haven't done any kind of social marriage Nor my partner I.e. my wife stayed with me together for a single day. Now we want to separate through mutual process without claiming anything on each other as well as we want that our marriage declared as annulment by court.

Advocate Shubham Agarwal answered
File for AnnulmentIf you can show that the marriage was never consummated, you may file a petition for annulment under:Section 12(1)(a) of the Hindu Marriage Act, orSection 24(1)(a) of the Special Marriage Act, depending on under which Act your marriage was registered.The court may declare the marriage null and void ab initio (as if it never existed).File for Mutual Consent Divorce (Alternative Option)If proving grounds for annulment seems complex, you can file for mutual consent divorce under:Section 13B of the Hindu Marriage Act, orSection 28 of the Special Marriage Act.You must wait 1 year from the date of marriage registration before filing for divorce.

Q: Change of advocate as he is not available any more

My advocate is saying that he would not be able to handle my divorce proceeding any more as he got a better chance in some another city. What should I do?

Advocate Shubham Agarwal answered
Under the Bar Council of India Rules (Chapter II, Part VI, Section II – Duties of Advocates to Clients), an advocate can withdraw from a case only after giving reasonable notice to the client and obtaining the court’s permission, if the matter is already pending before a court.He must:Inform you in writing of his decision to withdraw, andReturn all case papers, evidence, and documents in his possession, andRefund any unearned portion of the fees, if applicable.Ask your current advocate to:File a Memo of Withdrawal or No Objection Certificate (NOC) before the court.This allows you to appoint a new lawyer formally.