Advocate Vivek Shrivastava

Questions Answered by Advocate Vivek Shrivastava

Q: Divorce possibility in case if you have a child

Is it possible to get divorce from your wife in case if you have a child of 3months?

Advocate Vivek Shrivastava answered
Ues you can file the case for divorce at any stage after 1 years of your marriage in usual cases and also you can file case for divorce any day after marriage in some special cases. If you want custody of your child file a case for coustody of your child as soon as your infant child grows and can be seperated from his/her mother. Usually till 5 years the custody of child lies with motherbut in special cases after 2-3 years for good reason court grant custody to father.

Q: How to get divorce and custody of my child.

I belong to SC community and did intercaste marriage with a Rajput guy.I have a kid who is 12 yrs old now, I am living separately for last 10 years,he has some criminals records and now he is behind the bars.I have applied for divorce 4 years ago but no progress. He threatens me alsways that if I ask for divorce he will take my son along with him. Don't understand how to set free from him?

Advocate Vivek Shrivastava answered
file case for judicial sepration under Hindu Marriage Act along with custody case for your child under guardian and wards act before family court and if family court is not avilable than file it before Sessions Judge of ur city in which you are residing..

Q: Correction of name in property sale deed

My Aadhar and PAN Card didn’t contain initials of my middle name so I had to get them corrected . My property deed contain name spelling as per my old pan which is missing initials of my middle nameHow can I correct this in my property deed

Advocate Vivek Shrivastava answered
aap register Karyalay Mein Ek aavedan dekar Apne registry Mein sanshodhan Karva sakte hain aur use sanshodhan wali registry ki copy ko apni Mul registry ki copy Ke Piche attach Karva sakte hain jisse aap ki registry Mein correction bhi ho jaega aur aapko alag se stamp duty bhi nahin karni padegi

Q: SC ST Or Application Pr Koi Janch Nhi Krke Rape Case File Kr Diya

SC st act me koi Janch nhi avedano pr koi karywahi nhi or video le kr ASI ne saamne wale general cast wali ko send kar or 2018ke aavedan nhi dekhe 10 mahine bad uske kehne pr me case darj kr liya

Advocate Vivek Shrivastava answered
aap Kahana Chahte Hain ki police ne Bina aapke purane aavedan per Gaur kiye ST SC act mein rape case darj kar liya hai aur sath mein SC ST act ki dhara laga diye . Police job case darj kar Leti Hai Uske bad arrest ka process start karti hai Agar aapko Rs nahin kiya gaya hai to aap Agrim jamanat ki karyvahi start kar sakte hain Kyunki Hamare Madhya Pradesh mein SC St act ke tahat Amarnath ka koi pravdhan nahin hai Us ismein aap Vakil Se Milkar jamanat ki prakriya Aarambh kar apni jamanat Le Ve anyatha aapko girftar kar liya jaega..

Q: immoveable Property disputes among brother,step sister, and Late eld

I am hindu. My father died without any will,so after some time i transferred property to my mother. I had a elder brother and a step sister. Elder brother has died,he was married.after his death his wife married to another person, my brother had no children.Now, my mother wants to sell house,so buying party is asking for NOC from my late brother's ex wife and also from my married step sister (she is daughter of my father and another mother,her mother died ,so my father married again to my mother my mother has two sons i and late elder brother).I have fear that if i will ask for NOC from those people,they will also appeal in court for their share in propery. I don't want family settlement. Please suggest.

Advocate Vivek Shrivastava answered
in your case which you have mentioned in the query the ex wife of your brother who has got married to another person has got no share in your property because as soon as she married outside your family right over your brother's property got seized in case of your step sister she can claim right of the property of her mother and father