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Hello, We have been married for over 5 years, and have applied for Australian PR visa, and shall be granted in the next 6 months. I just found out that she has been having an extramarital affair for the last 2 years. I have proof in the form of call recordings, text messages and sound recordings of when they were together. I plan to file for divorce in the next 2-3 months and migrate to Australia without her. Is this possible? And I do not want to take her with me. How many times will I need to come back to India for divorce court hearings? Looking forward to any help. We are both Hindus.

A. Court can grant immediate Divorce on mutual consent if it waives the mandatory period of 6 months. We can try to get both the motions moved and heard together. Video Conference can avoid your visits to India. Let discuss in detail if you so desire, to take this forward. Thanks
Yogesh Anand Exp: 36 Year(s) Gurgaon
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Ambrose Leo Experience: 9 Year(s) Bangalore

Anonymous

Posted 4 weeks ago

Hello sir my husband and my in-laws tortured me since my marriage by either calling me unlucky ,or fighting for dowry passing coments,not giving me money , asking me to earn ,in every matter his main concern was money,he use to comment on my clothes,my family culture etc ,use to ask for my dad's salary,my past salary,I kept quiet for two years but then I started replying back to him not to his parents,so he started fighting more ,later he suffered cancer I and my mother looked after him now he is cured completely but after treatment I became more unlucky ,and fights increased once he was fighting with me ,I m a thyroid pt so I took was just taking my regular pills but suddenly he started saying I m commuting suicide I was surprised and later I was Talking over chats with him suddenly he brought again this point that I m commuting suicide I said yes u tortured me so much since marriage u HV made my life hell and you don't love me etc .now after about 1 yr he filed a divorce case saying that I tried commuting suicide and I run away .and in counseling session in court before mediator he was telling the same thing that he s scared of me .wat should I do the fact is I m really disturbed with his behaviour and he says that only if I l quit my job and stay at his work place then only he will keep me.if I l quit my job wat is guarantee that I l be kept in a gud condition and my daughter .wat if he tries to kill me by using this SMS that I HV a suicidal nature,his dad is a lawyer so they r indirectly putting pressure on me that if I l ask for maintaince then they will take custody of my child.wat should I do .will this SMS affect my custody right or prove me wrong Infront of court how will I get justice how will I prove the way these people behaved with me plz help meeee

A. Dear Madam, File a Case under 498A of Indian Penal Code and 125 of Cr.P.C for maintenance immediately. If you your husband is not interested in you why are you interested to stay> So far child custody is concerned mother will have a upper hand but father will have the visiting right in the presence of the mother. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Ambrose Leo Experience: 9 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

Anonymous

Posted 4 weeks ago

Hi i was married back in 2016 and just in 2 months of marriage my in Laws filed a domestic voilance case on me just because i was flying to overseas and i couldnt take my wife with me. And in one month the settled the matter by themselves and send tgeir daughter to my house. Later on she stayed with me on and off and her parents interferance continued on silly things the wanted me to leave my parents which i cant and now since July 2018 her parents detained her illigally and i have no clue where she is neither i have any communication with her since. After several attempts of my family to get her back her parents sent them back blocked all our phone numbers neither want to talk to any one. Finally i get to hear from crime branch (police) that i demand them dowry which is illogical. They are not letting me to meet my wife neither phone communication, i am sure my wife is with them and the are pressurising me to divorce her and pay panelty. I have sent couple legal notice's as well but no response from them. Can you suggest what shoukd i do in this regardd . Suggestions are highly appreciated ..

A. Dear Client, Follow the following steps. Step 1, Send the legal Notice. Step 2. File the Case immediately with the help of Local Advocate or through an Advocate from the panel of vidhikarya.com Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Ambrose Leo Experience: 9 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

Vijaykumar Pardeshi

Posted 1 month ago

Hi All, My wife has habbit of leaving home for every small quarrel we had. In 3 years of marriage she left the home for 3 rd time. My family tried to invite her parents for discussion but they refused to come. This time she took 6 month old son with her and performed his rituals without informing me at her parents house. I hav called up her aunty also but no further communication from their side. It's been 4 month now. Our marriage will complete 3 year in Jan and my kid will be 1 by February. I wanted to know if I can file divorce petition as there is no communication from her side.

A. Dear Mr. Vijay Kumar Paedeshi, Try to sort it out amicably. If this fails file the case for divorce through an Advocate. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Abhimanyu Shandilya Experience: 14 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Ambrose Leo Experience: 9 Year(s) Bangalore

Kumar Adla

Posted 1 month ago

Respected Sir/Ma'am, This on behalf of my elder sister. She got married in 2011. Her husband started torturing and his saddiest level went to peaks. He is painter and drinks a lot. He always pulls up the past issues and starts torturing. Sometimes she sleeps without dinner. He beats her too. After giving birth to her 2nd daughter. She filed a compliant as her husband refuses to attend councelling. Later her father in law expired. She waited for him to change but he became more worst. She is separately living and started working on her own for children. He even started disturbing her at her work place , on roads and everywhere. He even trying to spoil her job opportunity. The case is still running. She compliant to police about this but they trying to convience and stay with him. Please help me suggestion.

A. Dear Client, First decide what you want. Next on the basis of that other things will follow. Before taking decision think about the children,self and life after 30 to 40 years. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Anonymous

Posted 1 month ago

my husband sent 2 lawyer notice and filed false police complaint. and til 6 mnths der is no contact and he said i need divorce so v aplied divorce he took n filed objection as i need my wife. now one counseling has finished aftr this within 2days he filed case in his native place court as RCR. am i transfer that case to court which is of my native place. v both living n filed case in karnataka

A. Dear Client, Find out a local Advocate who knows the language and can speak about the transfer of the case.In any case you contest the case otherwise there is every possibility that the case may go in favour of your husband. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

arpitq g v

Posted 1 month ago

sir my husband sent 2lawyer notice and given false police complaint and after dat 6mnths der is no contact between us. den i filed divorce. he attended court and filed objection for my divorce petition and now 1 counseling finished.after counseling he went to his place and der he filed case against me. is it posible to transfer dat case to my place where i residing

A. Dear Client, Please get in touch with a local Advocate who can tell about the transfer of the case.In any case you have to contest the case otherwise, there is every possibility that the case may go in favour of your husband.So speed up your process. Shanti ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
I got my marriage certificate with new surname ( surname after marriage ) but not with the maiden surname. But I am not in favour of changing the surname in all other documents. What should I do? Shall I ask for change of surname back to maiden surname.

A. Dear Client, You have various options. 1.After marriage you can retain your name and surname ( what you have inherited from your father)/family name. 2.You can have the surname of the family of your father and the one you have acquired now. 3.You delete the former and retain the later. 4.You do not keep any. The choice is yours. Share the complete case history.I might be in a position to give you the right advice. Shanti Ranjan Behera Advocate
Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
ARPIT BATRA Experience: 11 Year(s) South Delhi
KUNAL SHARMA Experience: 5 Year(s) Jaipur
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
My son stays in US, my daughter in law filed 498a,506 cases in lower court and LOC was issued against my son, My son was served with the summons, when does my son need to attend the court in person and how long can lawyer attend on his behalf. What are the issues associated with LOC?

A. LOC is quite a serious matter and requires an expert to deal with the same. If it is in Delhi or Mumbai, you can contact me directly for the same.
ARPIT BATRA Exp: 11 Year(s) South Delhi
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar

Anonymous

Posted 1 month ago

may i knw the procedure of divorce.nw case is in counseling stage. if he agree to give divorce how the procedure of divorce will takes place?

A. Dear Sir, Mutual divorce in the form of compromise under Order 23 Rule 1 of Civil Procedure Code incorporate all the terms and conditions which are mutually agreed. For full procedure contact me on mobile through Vidhikarya.
Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar

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