Advocate Vibhor Agarwal

Questions Answered by Advocate Vibhor Agarwal (50+ answers)

Q: Can I claim alimony in India if my husband has committed adultery? I am filing a case against him fo

I am a Hindu female married for 2 years. My husband is having an affair with another woman, and according to sources, they are physically involved. They started a business together a year ago, which my husband never disclosed to me. They both work in the office during the day and spend evenings together in a rented room. He tells me he is going to work, but he goes straight to their business place. If I file a case, I want to involve the other woman. Can I still get alimony if my husband claims to be unemployed? He told me he resigned, but I suspect he is working with her to deceive me. Please advise on all the actions and measures I can take against both of them. What would be the alimony in case of adultery in india?

Advocate Vibhor Agarwal answered
You can get alimony and maintenance. Your husband will certainly say that he is unemployed and has not income. Therefore, keep his employment, business and income proofs with you, especially, his ITR details, Employment letter, Bank statement and passbooks, list of assets/property details, sources of other income etc. As far as relationship with other female is concerned, unfortunately, this is not an offence in India. But, if the girl is married, her husband can take action against your husband. But, this is certainly a ground for divorce or judicial separation and a justification for living away from your husband, if you want to avail any of these remedies.

Q: When can police call you without notice in police station ?

when can police call you to police station without any summon or complaint against him if yes then under which section

Advocate Vibhor Agarwal answered

Under the Criminal Procedure Code (CrPC) (now the Bharatiya Nagrik Surksha Sanhita, 2023), the police are required to issue a proper notice to summon a person to the police station. However, in practice, police often bypass this formal procedure and call individuals without issuing a notice, taking advantage of people's lack of awareness. It is important to know that a person has the right to refuse to go to the police station if a proper notice is not served as per the law.

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.