Advocate Sudhakar Kumar

Questions Answered by Advocate Sudhakar Kumar

Q: Wife doesn't want to do physical relation

If I try to make physical relation she got angry and try to hit me When she was gone her mother house she write (i want to end this marriage) in hindi now what can I do to take divorce marriage date 23 November 2025 She gone on 20 February 2026

Advocate Sudhakar Kumar answered
Based on the facts stated by you your wife left the matrimonial home on 20 February 2026 and has written in Hindi that she wants to end the marriage.First of all preserve that written statement and any WhatsApp messages or other communication in which she has expressed her intention to terminate the marriage. These documents may be relevant evidence in future matrimonial proceedings.You have the following legal options under Indian matrimonial law.1. Mutual Consent DivorceIf both you and your wife agree to dissolve the marriage you may jointly file a petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act 1955 if the Act applies to your marriage.2. Contested DivorceIf your wife is unwilling to return and you do not agree on mutual divorce you may consider filing a contested divorce petition on legally established grounds such as cruelty or desertion depending upon the evidence and circumstances.3. Important Restriction Regarding One YearYour marriage took place on 23 November 2025. Under Section 14 of the Hindu Marriage Act a divorce petition ordinarily cannot be presented before completion of one year from the date of marriage unless the Court grants prior permission in exceptional circumstances involving exceptional hardship or exceptional depravity.Therefore you should carefully consider the statutory restriction before filing a divorce petition.4. Important AdviceDo not force physical relations against your wife's wishes. Preserve all relevant communications and avoid unnecessary confrontation. You may also consider mediation through a competent mediator.Your wife's written statement expressing her intention to end the marriage may support your case depending upon its authenticity and surrounding circumstances but it does not automatically establish a legal ground for divorce.My suggestion is to consult a matrimonial law advocate with the marriage documents and available evidence before initiating proceedings.

Q: HOW TO GET QUASHING 100% IN 354D WHEN I AM NOT AT CRIME SCENE

I AM AT HOME AND CRIMES HAPPENED WOTH US IN CCTV CAMERA BUT CRIMINALS FILED FALSE FIR SAYING WE DID CRIME OUTSIDE BUT WE WERE INSIDE CCTV,GAVE COMPLAINT FIRST BUT GOT FIR NUMBER LATER AFTER ACCUSED FIR .SO WILL MY CASE GETS QUASHED %

Advocate Sudhakar Kumar answered
Yes, you may approach the High Court for quashing of the false FIR, but quashing is not automatic merely because you possess CCTV footage showing that you were inside your home at the relevant time.Your CCTV footage can be important evidence in establishing your defence. You should immediately preserve the original CCTV recording, DVR and complete footage covering the relevant date and time. Do not edit or manipulate the recording.You should also preserve a copy of your original police complaint, its receiving or acknowledgment, the subsequent FIR and any other supporting documents.Submit the CCTV footage and your supporting documents to the Investigating Officer in writing and obtain proper acknowledgment. Ensure compliance with the applicable requirements for electronic evidence under Section 63 of the Bharatiya Sakshya Adhiniyam 2023.If the allegations are demonstrably false and the available material establishes an abuse of the process of law, you may approach the jurisdictional High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 seeking quashing of the FIR.However, if the matter involves disputed questions of fact or requires detailed examination of evidence, the High Court may decline to quash the FIR at the investigation stage.The fact that you submitted your complaint before the other FIR was registered is relevant, but it does not automatically establish your innocence or invalidate the subsequent FIR.My advice is to take immediate legal steps to protect the original electronic evidence and build a proper documentary record of your earlier complaint. The timing of both complaints, the allegations in the FIR and the authenticity of the CCTV footage will be crucial in determining your legal remedy.

Q: I have a query regarding dv case

I have filed a dv case against my husband and in laws ..so I have to appear in front of CJM but I don't what's my role why I have to appear please .. explain

Advocate Sudhakar Kumar answered
If you have filed a Domestic Violence case against your husband and in laws under the Protection of Women from Domestic Violence Act 2005 your appearance before the Court is generally required because you are the aggrieved person and applicant in the proceedings.Your role is to assist the Court in understanding the facts and circumstances of the domestic violence alleged by you.During the hearing the Court may examine the contents of your application record your statement consider your supporting evidence and hear your requests for legal relief.You may seek protection orders residence orders monetary relief maintenance child custody and compensation depending upon the facts of your case.If you have requested urgent or interim relief the Court may also consider your application under Section 23 of the Act.Please carry your case documents identity proof and relevant evidence when appearing before the Court. Answer all questions truthfully and follow your advocate's advice.An important clarification is that you are not appearing before the Court as an accused person. You are the applicant seeking legal protection and relief under the Domestic Violence Act.Your exact role will depend upon the present stage of the proceedings and the purpose for which the Court has directed you to appear. Therefore ask your advocate to check the latest order sheet and explain the purpose of the hearing.Relevant provisions include Sections 12 18 19 20 21 22 23 and 28 of the Protection of Women from Domestic Violence Act 2005.

Q: Quashing of False and Retaliatory FIR under Section 528 BNSS

I seek legal advice regarding quashing of FIR No. 181/25 registered at Rohtas Police Station, Bihar. The FIR is completely false and retaliatory, arising from an ongoing family dispute and earlier FIR No. 325/24. Police have issued a notice under Section 35 BNSS and indicated that a chargesheet may be filed. What remedies are available before Patna High Court under Section 528 BNSS? What documents are required, and can proceedings be stayed?

Advocate Sudhakar Kumar answered
I can assist with a detailed assessment of your FIR and advise on the appropriate remedy before the Patna High Court under Section 528 BNSS. I will first examine FIR No. 181/25, the earlier FIR No. 325/24, the Section 35 BNSS notice and the available case records to assess the grounds for quashing and interim protection. Please share the FIR, notice, previous FIR and any relevant orders/documents. After reviewing them, I can explain the proposed legal strategy, required pleadings and next steps for filing before the High Court.

Q: Jhutha fir mere papa pe jhutha fir hua hai jabki wnki kio galti nahi

Mere cahcha aur wnke padosiyo ke bich khuch wiwad hua paise ke mamale me to mere cahcha ko ghar ghus ke mara aur mere bs cahcha ko hospital leke gye aur case krne ke liye sath le gye cahcha ne case kiya jisne wnko mara ajj wsne wlta case kr diya mere chacha pe aur to aur mere papa ka bhi naam le liya jabki papa bs hospital leke gye aur ladai me samil ni the mere papa pe bhi fir kr diya

Advocate Sudhakar Kumar answered
HinglishYah ek 'Cross-Case' (Counter FIR) ka mamla hai jo aksar samne wali party pressure banane aur compromise karne ke liye karti hai, isliye isme ghabrane ki bilkul zarurat nahi hai. Kyuki aapke pita ji us vivad me shamil nahi the aur sirf madad kar rahe the, aap sabse pehle unke bachaav ke liye Sessions Court me Anticipatory Bail (Aagrim Jamanat) ka aavedan karein taki police unhe giraftar na kar sake. Iske baad aap High Court me is jhoothi FIR ko radd (Quash) karwane ke liye petition file kar sakte hain, jisme aapke pita ji ki mobile location (CDR), hospital ke records aur agar wahan koi CCTV footage ho, toh wo unki be-gunahi sabit karne me bahut kaam aayenge. Sath hi, ek likhit aavedan (representation) jile ke SP ya SSP ko turant dein jisme poori ghatna ka vivran ho aur bataya jaye ki aapke pita ji ko isme jhutha fasaya gaya hai. Aap apne documents ke sath aage ki kanooni karyawahi ke liye paramarsh le sakte hain.EnglishThis is a classic example of a 'Cross-FIR' filed merely as a pressure tactic by the accused to force a compromise, so you do not need to panic. Since your father was not involved in the actual altercation and only assisted your uncle in reaching the hospital, you should immediately file an application for Anticipatory Bail in the Sessions Court to protect him from any unwarranted arrest. Following this, you can approach the High Court to quash the false FIR against your father, using evidence such as his mobile tower location (CDR) at the time of the incident, hospital admission records, and any local CCTV footage as a strong alibi to prove his innocence. Additionally, submit a detailed written representation to the SP/SSP of your district explaining the false implication and requesting a fair, impartial investigation. Keep all hospital receipts and medical documents safe, as they will be crucial evidence when you consult further for legal proceedings.