Advocate Yogesh Yadav

Questions Answered by Advocate Yogesh Yadav

Q: Physical and mental torture of my grandfather, dead now leaving a note

What should be the legal procedure to go about , my grandfather was physically and mentally tortured by my uncle and his wife since a long time, he died a year ago but left a note telling about this torture , he also shared this with a couple of his close ones. I'm his grandson, I wasn't here , I work in gurgaon, before I could reach , all his cremation activities were done.Now my same uncle started giving abuse to my mother and threatens to rape, it has been a lot frequent now. Please guide me

Advocate Yogesh Yadav answered
Hello sir, don’t worry. You are not too late. You can also laws FIR against your uncle and his wife in section 306 of IPC. Now it has been changed in BNS and your mother can also lose a FIR against your uncle and his wife.

Q: Alimony & Maintenance for me & my Son

My marriage happened in Jan 2020. After marriage my husband done so much fighting (verbally ) with me. I have one year old baby boy. In Dec 2023 I have came to my parents home & live there since Dec 23. Than I got to know that he is physically involved with other girls , going massage parlor etc.Now I want to claim maintenance for me & my son. How much maintenance & Alimony I can demand from my husband. I am housewife.My Husband salary is 20 lakhs p.a. I have all his ITR copy as well.

Advocate Yogesh Yadav answered
Hello mam, you can also file a domestic violence petition in section 12 in your area judicial court, and as you said that your husband salary is 20, lakh per annum so and you also have a kid with you. So at least you have to claim ₹80,000 per month from your husband, and with domestic violence case, you can also file a FII Arav dowry and harassment in your jurisdiction is Mahila thana and if you found that in domestic violence court “is not giving you any relief, then you can file another petition under section 125 CRPC, thank you

Q: Advice for divorce. Husband wants me to write him issues.Child custody

I want divorce with my husband. We have many issues like trust, lack of communication, no mutual understanding. My husband asked me to give him a written draft about why I want divorce. But without advocates advice I dont want to write anything as he can use it against me. My husband is also lawyer but he stopped practicing within one year or passing his LLB and started a construction company.Also, we have a son 12 yrs old. I want his custody. But husband and his mother has brainwashed him.

Advocate Yogesh Yadav answered
Hello mam, don’t worry if you want to divorce with your husband, so you have two options. If you want to put cases on them and you don’t want to give him divers easily, so you can put a case under section 13 a of Hindu marriage act in Family Court and other than if you want to give, diverse to your husband with your mutual consent, so you and your husband have to file a combined petition under section 13 B of Hindu marriage act, and if you want that you want justice about the cruelty which has been done by your husband or in-laws, so you can put a case Under section 12 of domestic violence act, NU can also loss a FIR under section 498A and 406 of IPC becomes BNS and now the section 490 8A becomes section 85, and your other question is that you want custody of your 12 year old son, so if your husband don’t want to give the custody of your son, then you should go to Family Court or put a petition under guardian and ward act in Family Court, thank you

Q: मेरी पत्नी कविता शर्मा ने मुझ पर दहेज का झूठा आरोप लगाया

मेरे पत्नी ने मुझ पर मारपीट और दहेज का झूठा आरोप लगाया गया ।।

Advocate Yogesh Yadav answered
नमस्कार sir आप बिलकुल भी घबराएँ नहीं यदि आपकी पत्नी ne आप par मारपीट वह है दहेज प्रताड़ना का जुटा मुक़दमा kiya है तो जब आपके pass किसी भी mahila thane से phone आता है तो ve आपको dhaara 41 ए का notice देंगे एवं notice देकर आप से उसका जवाब माँगेंगे तो आपको अपने pass जितने भी इस वक़्त है आपके pass आपकी पत्नी ke ख़िलाफ़ हैं ve सभी वक़्त है आपको जवाब notice मैं लिख कर अनुसंधान adhikaari को देने होंगे और यदि अनुसंधान adhikaari आपको लगता है की आप ke जवाब से संतुष्ट नहीं है तो आप उस F आयी aar की प्राइसिंग ke लिए हाईकोर्ट में dhaara 482त CRPC में भी आवेदन कर सकते हैं धन्यवाद

Q: In 406 - Can we return the gift at the place of gift received (Mumbai)

If the wife gave a gift in Maharashtra at the matrimonial home during the wedding and is now, after filing a complaint under Section 406 with the CAW cell, asking for the gift to be returned in Rajasthan at the wedding place, what can the husband do?

Advocate Yogesh Yadav answered
First of all, you have to tell me that where your wife laws a complaint under section 406 of IPC if your wife loss FIR under section 406 of IPC with section 490 8A of IPC in Rajasthan, then you can give a notice to your wife or investigation officer under section 406. For returning of any type of dowry article, you have in your legal notice. You have to give all information about the dowry article that from where your wife can took these dowry articles from you and one thing that you have to notice if your wife gave any article list with the Complaint of 406, so you should mention the dowry articles which has been shown in the list, and you have to write the dowry articles which you have in your power and possession