Advocate Vaibhav Prakash Shukla

Questions Answered by Advocate Vaibhav Prakash Shukla

Q: If wife comes to my office and insult me what action can i take

i am separated since last 7 months. My wife is living in Gurgoan and i am living in delhi. Our divorce case is going on in Gwalior family court. Sir/Mam I am afraid that she or her mother can come to my office and insult me in front of my colleagues. What action can i take if this happens ? ( my office has cctv cameras every where) please help

Advocate Vaibhav Prakash Shukla answered
taking action that too legal on assumption would not be a good idea so i would suggest that any such things happens then call the police immediately and please contact me. it would affect your divorce case too.

Q: Husband cheating how to file mutual divorce

my daughter married as per christian marriage act. After 5 yrs husband started cheating her. During this period a son was born who is 3 yrs old now. The husband left them almost 3 yrs ago. Now he wants mutual consent divorce. We have given 3 conditions for this:1. Child custody with mother. 2.Legal expenses to be paid by him.3.alimony to be paid to the girl. If he does not agree to these what should be the next course of action? If agrees the child custody will debar him from visiting rights? How much the mutual divorce case cost?

Advocate Vaibhav Prakash Shukla answered
if he is ready to pay for both then this should not be your concern. it is for sure that you will get the custody of child. supposedly if he does not agree then you can file divorce on other grounds such as desertion,

Q: A man took money from my minor sister how can I recover it back

My sister is 14 & started to talk to a 24 year old guy he hided his age. After stopping her. We had no idea that they continued there talk & he asked her to give money whenever needed & she gave almost 2.5 lakhs in innocencey. Everyone in family asked her if he actually blackmails her or something else but she denied each time. We've proof that the money is given to that guy. We read their msgs & forwarded all the screenshots to our phones. Now my family is worried to complain. Will the police send my sister to any rehabilitation center etc?? Please help. Or we can have our money back? Help!!!

Advocate Vaibhav Prakash Shukla answered
the money can be recovered and there is no danger for your sister. But you have to make sure that your sister gives testimony against that guy. you should make complaint but after proper consultation.

Q: lent money to a relative not returning back can I take legal action

I lent money to a relative who was in need. Due to relationship, I did not seek any other guarantee instruments or Promissory note. Now it is nearing 10 years and he has no intention to repay.Whenever asked about repayment he says he doesn't have money.At some point of time he agreed to pay some amount on a monthly basis but after sometime he ceased to pay that small monthly amount as well. As of now, he completely avoids my phone calls. When i call from other phones, he picks up but soon hangs up the phone.kindly advice the course of action that i should take.

Advocate Vaibhav Prakash Shukla answered
you can file a civil recovery suit against him. there is one more option and that is you can twist the facts in your favor to make it a criminal case. then you can lodge a complaint of cheating under section 415,420.

Q: Can i file for divorce on behalf of my son

My son is an Nri. We are from hindu relig.He got married to a girl residing in Delhi only on papers. However marriage certificate was issued by arya samaj sansthan. Its been one year he had been married then my son went back to Australia in the meantime we were applying for spouse visa. But due to some issues my son cancelled the visa application. Girl is l ready for divorce but I want that my son should not come nd I cud file the case on the basis of power attorney. Is it possible? Wot action I can take against Dem

Advocate Vaibhav Prakash Shukla answered
you can not file a divorce petition on behalf of your son. though he can give you a power of attorney to follow up the case. even the certificate is issued by arya samaj, it is a valid marriage and divorce is the only option left to your son.