Advocate Vijay Shreebhagwan Agarwal

Questions Answered by Advocate Vijay Shreebhagwan Agarwal (25+ answers)

Q: maintenance against father in law

I am file the dv case against my husband interim maintenance order allow trail court but suddenly my husband death in car accident can i take maintenance from my father in law under dav act

Advocate Vijay Shreebhagwan Agarwal answered
if you have mentioned his name in the petition then you can ask for maintenance, also you can claim the share of your husband in the ancestral property , bank accounts etc , you have to file a partition suit to claim the property.

Q: Dear sir ,\nMy friend has filed divorce in court for cruelty in court and has submitted related docu

Dear sir ,\nMy friend has filed divorce in court for cruelty in court and has submitted related documents as well. His wife called him to police station for which he has taken anticipatory bail also. There she said that if u don\'t take the case back she will file 498 and 498A \n\nMy question is will my friend can be arrested and what are the other repercussions of this. We are sure that she has no relevant things wid her but she is very bad . She even does black magic too.

Advocate Vijay Shreebhagwan Agarwal answered
if your friend has taken the anticipatory bail then he can't be arrested, she may file an application under domestic violence act for maintenance also application under section 125 of CrPC for the maintenance don't withdraw divorce case.

Q: Reply to legal notice contested divorce

How can I send legal reply to contested divorce notice.. i also want divorce hindu

Advocate Vijay Shreebhagwan Agarwal answered
we need copy of said notice after getting the notice we have deny all the allegations made against you as well as any other family member, after denying the contents we have to write your part of story about how she harrassed you etc .

Q: Can I file recovery suite now.Cause of action is 20 Jul 2019

Can I file recovery suite now.Cause of action is 20 Jul 2019

Advocate Vijay Shreebhagwan Agarwal answered
yes, you can file recovery suit, as the limitation has been extended due to covid 19 , the 2 year period of lockdown has been excluded from the limitation, for summery civil suit the limitation is 3 years from the first'cause of action.

Q: Regarding MOU Made In Matrimonial Cases..

My husband forcefully trying to made stamp paper agreement to take me and my child back home that dowry neither demanded nor taken..can it debarred me in future to do case again if he again tries to do wrong with me

Advocate Vijay Shreebhagwan Agarwal answered
No it will not be debarred you as we can explain to the court that you have signed the document under the threat and if again in future he tried to do harassment with you , you can file a petition under the Domestic Violence act.