Advocate Sriprakash Shrivastava

Questions Answered by Advocate Sriprakash Shrivastava

Q: Can judicial magistrate issue divorce decree based on notarized agreem

Hi, I found a post where a advocate suggested a client that he can go for notarized divorce agreement and can obtain divorce decree from judicial magistrate on behalf of that doc. Is it possible to obtain divorcee decree by magistrate through notarized agreement Also is it mandatory to submit divorcee decree of first marriage for second marriage registration or an affidavit can suffice. If yes than what all details will be mentioned in affidavit regarding first marriage. Under Hindu marriage act

Advocate Sriprakash Shrivastava answered
Notarized divorce agreement is not a background of divorce , there is no value of Notarized divorce agreement in court divorce case. it is only a document for satisfaction and all condition of divorce for both party . It is mandatory to submit divorce decree of first marriage for second marriage registration .

Q: Procedure to go further in divorce case pending before family court

I file a case of devocre u/s 13A in Jaipur on 5-8-17 ,my first date of hearing is 27-5-17 in family court. I'm a govt employee and i want to know that can i get a court copy of attend to my date 27-9-17 in court now than I can take a special leave for my court date.. reply soon

Advocate Sriprakash Shrivastava answered
According to your query your first date in court is for check report of case file. You are one of party in case so can not take copy of attendance certificate by court. but you can apply for certified copy of all file and order sheets of case file that proof your appearance in court. please write correct date in your query before submitting .....

Q: Cheque given, but buyer not fulfilling promise

My husband is a casual worker.he gave check of rupees 5000 in favour of Mr.Anup.he has shop of shoes.my husband gave cheque him for shoes. But he don't gave any shoes to us

Advocate Sriprakash Shrivastava answered
What type of purchasing you done... mean online or manual. and please give full detail query .... well... if it is only matter of sale n purchased. you may go for consumer forum and file consumer case according to your all facts.

Q: what should i do if opposite party advocate is not present ?

I filed case against education institute in consumer court in 2015. The final argument is to be made in this case, but the lawyer of the opposite party is not present for final argument from six months and every month he is giving excuses and taking the next date. The final argument is to be made in this case, but the lawyer of the opposite party is not present for final argument from six months and every month he is giving excuses and taking the next date. Can you please guide me what should i do if opposite party advocate is not present for final argument this month ? And can i request to consumer court to transfer this case to lok adalat for early decision ?

Advocate Sriprakash Shrivastava answered
if opposite party is present in case regularly... you can request to respected consumer form to give direction to opposite party for filling written argument if his lawyer is not able to present in court..

Q: How to proceed for divorce when wife is not ready for it?

Married for 3y. Wife was pregnant when she went to meet her parents. My business didn't flare and I shut it in 1 month and moved back to my parents house in a village. When she came to know about it she disagreed to stay in a village. I went to meet her after 10 months when baby was 4m old. Tried to reconcile but she disagreed. I closed all conversation after which. Now she hasn't responded as of now. What to do now. I want to be free from this. What are the legal implication. How can I proceed to divorce without paying much. And she has started to work too.

Advocate Sriprakash Shrivastava answered
u/s 13 of Hindu marriage Act you can apply for divorce ... expense of case is depend on lawyer. if you know legal proceeding of case you can also apply for divorce by your self . And according to your query you may go for divorce.