Advocate Vibhor Agarwal

Questions Answered by Advocate Vibhor Agarwal

Q: I have filed 498A on my husband and in laws

My marriage was held in Nov. 2020..I have filed FIR on my husband and in laws against dowry demand and domestic violence..MIL got bail and husband got interim bail..I have not received my stridhan or my stuff yet what to do ? How much long does 498a run ? Is there any connection between 498 and divorce ? Can my husband file divorce during 498 ?

Advocate Vibhor Agarwal answered
Hi. You should also file case under DV Act for the domestic violence. There are numver of reliefs available under DV Act and you may be able to get you Stri Dhan back in DVAct proceedings. Your husband can file divorce case during pendency of 498A case. But, if you should contest the divorce case strongly. Further, there are number of other case that you can file as per law. please take qdvice from some good lawyer and take right course of action.

Q: Query About Legal Notice To Wife Before Filling Divorse

Is it must /mandatory protocol that first to send legal notices 2 to 3 times and give time to respond to wife before filling divorse case in hon .Court ? Pls respond here and as per my feasibility will contact

Advocate Vibhor Agarwal answered
It is legally not binding to send legal notice, but, it is prodent to send one. The requirment of legal notice will also depend on the facts and circumstances of the case and complete briefing on facts is required to give complete answer.

Q: Can a school deny TC for non payment of fees?

Hi, my family is undergoing a huge financial problem. We were reasonably well off but are currently under huge financial debts. As a result, we are unable to pay fees of expensive private schools in which our children were studying. We want to now move them to another school where fees would be reasonable and we can afford it. Earlier school is refusing to give Transfer Certificate without clearing dues. Can they legally deny TC to us? What can we do to persuade the school? We can genuinely not pay the current dues.

Advocate Vibhor Agarwal answered
You should send a legal notice to the school. The school should not retain TC for non-payment of fee. They may demand fee in legal manner but not blackmail you by not providing the TC. After sending legal notice, also make complaint to various government departments and ministries having jurisdiction over the school.

Q: During a solo trip my daughter death on 13/12/20

Dear Sir Good afternoon, Can we go for a legal action against solo trip provider. At that time we believe on them and decided for no action . We have only phone number of solo trip provider. Can we lodge a online FIR on behalf of Phone number.Where we can lodge fir in Faridabad, Delhi or SP Kullu in Himachal Pradesh.Now we want a action against organizer . To Save some one life in future.My daughter was my asset , she was Microbiology graduate from DU . Can I go for compensation . Please suggest .Post mortem report is silent no specific reason for death.Regards

Advocate Vibhor Agarwal answered
The facts provided by you are not complete. In we can prove that death is because of negligence of the trip organiser, you will be entitled for hefty compensation. Further, you can surely register FIR and police is bound to do investigation in the matter. please discuss the matter with a good lawyer alongwith complete documents and facts.

Q: Husband not ready to give divorce

My husband and I are married for 8 yrs and it is not working out.He is a complete different person and he knows that.All my dreams related to family and career got broken because of him. I am asking for divorce since 2015,sometime he will agree but I start talking about filing he will keep asking for time to make his mind. After our marriage I moved back abroad to avoid living with him and his family because they were emotionally,physically and mentally draining me out.He is okay with me being in another country but he wont live because he has to tell his relatives! I want to start fresh before its too old for me.I'm in a mental stage where I have to decide to end everything if he doesnt leave me soon.We are currently in different cities in India but he isnt agreeing to start paper work. He is afraid he has to live alone and I will get anyone as soon as I leave him! His parents think of me as a maid even though I earn more than him and work more hours.Can I file without mutual consent?

Advocate Vibhor Agarwal answered
You can file number of cases againt him. You should file a First Information Report, domestic violence case, maintenance case, divorce case and other cases. He will be under pressure to do justice to you. Please consult a good lawyer for better advise.