FAQ

Q1:- Sir, I am 45 year old, Graduate, housewife married women having two daughters 15 and 17 years old. My husband was working in Income Tax Department Delhi on Gusseted post and we are residing in staff quarter flat. Now problem is that my husband start drinking day – night since last 3 years, they start quarrel & abuse me and daughters after drinking and they stopped to go office since very long, at present my husband is very week and may leave us behind soon. Now letter from department has been received that You are not attending the office and getting the salary by other means. So, that-much penalty you have to bear and suspended from the job and have to vacate the flat . Now I would be on road, have no money to eat & for children school fee. I want to do job. What can I do under such situation?

Ans:- See, there is no provision under law in which you can force your husband to do certain things. But if your husband is not maintaining you and your child, you can file a maintenance petition and therein court can force him to resume his job. Secondly, you can also file a divorce petition and along with hat make an application for maintenance.

Q2:- I am taking divorce in registrar office-Bhuj before 2 years in December-2010. I and my x wife signed in 100rs stamp paper with mutual understating and register in registrar office with witness. So sir I want to know it is legal or not? If I am doing second marriage than its possible to take any legal action from my x wife or any other guy? Sir please advises me. If it is not legal than please guide me what I do?

Ans:- Divorce is not legal and not valid. A divorce can only be dissolved by a competent court by a decree of divorce. File a divorce petition u/s 13 B.

Q3:- NRI couple married under special marriage act in India wants to get divorced in USA what are the legal procedures, duration of the procedures, alimony maintenance etc Is such divorce valid in India?

Ans:- A divorce decree passed by any competent court of jurisdiction is valid in India. Procedure depends upon whether u r seeking mutual divorce or a contested one.

Q4:- I got married 23 months ago, my wife mentally and physically tortures me a lot and I have a child of 9 months, I want to get divorce from my wife at any cost but she refuses to give and she wants to stay with me and tortures me a lot mentally, if she disagrees to give divorce and she is saying so that she would not give divorcee and want to stay with me only to harass me, what should I do to get divorce, I have no objection of child if she gives me the baby, I can take responsibility of child, how can I get rid of her, can I file petition without her consent for divorce? She threatens me that she will file a case against me on domestic violence, what should I do? Please give me right suggestion as I need divorce. If she knows that I need divorce and she won’t agree to get divorce from me and wants to harass more, what should I do? Should I be tortured by her life long? I am ready to pay one time settlement to her and give her the presents which I got on marriage but I should be separated from her at any cost. Plz help me. If she puts any false case on me, how should I get rid of them? Advice, is there any way I could proceed before her?

Ans:- You can file a divorce petition on the ground of cruelty. But be assured about the proofs you have, to strengthen your allegation. If you don’t have any proof, then collect it first. It is also true that she may file some criminal cases against you. So, first guard yourself before filing a case.

Q5:- My Daughter got married in 2002 and blessed with one son. Now is 8 month pregnant. Due to some family rupture, my son in law is not allowing my daughter to come to my house, since past 2 years. Since she needs mother’s help / attention during delivery time, I request you to advise us the legal course to be taken to solve this problem.

Ans:- Let your wife convinces her husband. You can’t do anything. Your daughter can take legal action by filing a case under Domestic Violence Act.