Advocate Shubham Agarwal

Questions Answered by Advocate Shubham Agarwal (50+ answers)

Q: Child visitation ordered during maintanance hearing

I have filed for maintanance for myself and my minor daughter. The family court have ordered my husband who is in defence to pay. He appealed against it in district court. Surprisingly in the last hearing in the district court a new judge who took over, added a monthly child visitation in order. He also made a statement like I am scared of army. My question is:Is this correct? There is a MLC against my husband for beating my daughter.She is undergoing therapy. What should I do?

Advocate Shubham Agarwal answered
You should discuss these options with your advocate:Obtain a certified copy of the appellate order.If the visitation direction was passed without any application or without considering the abuse allegations and medical evidence, consider challenging that part of the order before the appropriate higher court.Place on record:the MLC,FIR or complaint (if any),your daughter's therapist's reports,any psychologist's opinion regarding contact with the father, school records if they reflect trauma or behavioural issues.If visitation is allowed despite these concerns, you can request that it be: supervised, conducted at a child visitation centre or neutral venue, suspended temporarily until the court evaluates the child's welfare, or modified based on the therapist's recommendations.

Q: Divorce, Maintenance & Child Support After Nikah Dispute

My wife was married through Nikah (not registered). We have three children. My husband is demanding divorce but refuses to provide a fair settlement, maintenance, or return my original documents. He offered only ₹3 lakh, while refusing any future support. What are my legal options? Can I file for divorce along with maintenance/permanent alimony and child support? Can I also seek return of my original documents and jewellery?

Advocate Shubham Agarwal answered
Yes. Based on the facts you've shared, you have several legal remedies available under Indian law. The fact that your marriage was performed through a Nikah and was not formally registered does not by itself invalidate the marriage, provided the Nikah was valid under Muslim personal law. A Nikahnama, witnesses, photographs, or other evidence can help prove the marriage if needed.You can consider the following legal options:File for divorce.If your husband is demanding divorce but is unwilling to provide a fair settlement, you are not obliged to accept his terms.If reconciliation is not possible, you may file appropriate proceedings seeking dissolution of marriage under the applicable Muslim personal law.Claim maintenance for yourself.Depending on the facts of your case, you may seek maintenance under applicable laws, including the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (if divorced), and you may also have remedies under Section 125 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (which replaced the corresponding provision of the old Criminal Procedure Code), subject to the legal requirements and current judicial interpretation.The amount is determined by the court after considering your husband's income, your needs, your standard of living during marriage, and other relevant circumstances.Claim child maintenance.Your husband has a legal obligation to maintain his minor children irrespective of marital disputes.You can seek monthly maintenance for all three children, covering their education, food, clothing, medical expenses, and other necessities.Seek permanent alimony or a lump-sum settlement.If the marriage is dissolved, you may negotiate or ask the court for a fair financial settlement where legally permissible.A unilateral offer of ₹3 lakh is not binding on you. Whether it is fair depends on factors such as your husband's income, assets, lifestyle, and the children's needs.Seek return of your original documents and jewellery.Original educational certificates, identity documents, passports, and similar documents belonging to you must be returned.Jewellery, ornaments, gifts, and other property that belong to you (often treated as your personal property or stridhan, where applicable) can also be claimed back.

Q: Biyer protisuti diye sohobas kore protisuti vongo

Ami akhon ki step nite pari?ami ki thana te fir korbo ba or against a case korbo?

Advocate Shubham Agarwal answered
If the accused never intended to marry and used the promise only to obtain consent for sexual intercourse, the following provisions may apply:Section 69 of the Bharatiya Nyaya Sanhita, 2023 (applicable for offences after the BNS came into force). This provision specifically criminalizes sexual intercourse obtained through deceitful means, including a false promise to marry.

Q: Wife left my hope and bring her all personal thing

Hi Actually my wife left my home with her all things and after that I make court case I want my wife back but as per court process after 2 years in court she said is ok she want come back my home and as per court order I try to bring my wife with my motorcycle and during I drive on road she using some bad words and she said she don't want me. She ask money and she said file divorce case and she push me and when I stop she go away alone and after that I just go police station and make one GD

Advocate Shubham Agarwal answered
Your wife's return must be voluntary.Even if the court passed an order in your favour in a restitution of conjugal rights case under Section 9 of the Hindu Marriage Act, 1955, the law does not permit forcing a spouse to live with the other.If she changed her mind while returning and left on her own, you cannot legally compel her to come back.

Q: Appointment Of Job And Pending Criminal Case

I have been selected for a Civil Engg post under the Govt of WB and am currently awaiting appointment, subject to completion of Police VerificationIn 2021, my sister filed an IPC 306 case against me, my mother, and her former husband following a family dispute after my father's death. The case remained pending before the trial court for several years.Now, all parties reached a mutual settlement and jointly approached the High Court seeking quashing of the Case. A joint compromise petition has already been filed. However, due to procedural delays, the quashing petition is still pending.I honestly disclosed the pending case in my PVR form. My PVR report is expected to reach the department shortly and will likely mention the case as pending.I seek legal advice on whether this pending IPC 306 case, despite the compromise and pending quashing proceedings, may affect my government appointment and what legal remedies are available to protect my candidature and secure joining.

Advocate Shubham Agarwal answered
The law laid down by the Supreme Court in Avtar Singh v. Union of India is that:Mere pendency of a criminal case does not automatically disqualify a candidate.The employer must consider:Nature and gravity of the offence.Whether there was suppression of facts.Stage of the criminal proceedings.Overall suitability of the candidate.In your case, an important factor is that:You have truthfully disclosed the pending case in the PVR form.There is no suppression or concealment.The complainant herself (your sister) has joined the compromise and supports quashing.The matter arises out of a family dispute and not from public misconduct, corruption, moral turpitude, terrorism, sexual offences, etc.These factors generally operate in your favour.