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My husband transferred all money and property to his brother account.now he said he don't have money for maintenance. He said he is not working at present,while I know he works from home but earning lots money.but I don't have proof .then what should I do ?
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A. Dear Mam, It is not relevant whether he is earning or not. Maintenance is an statutory obligation and that needs to be paid. Since, you are telling that he is not paying maintenance, then either you have allowed interim maintenance or your maintenance case has been disposed off by the court. You can file a prayer before the court stating that your husband is not obeying court orders. Court will take action.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
hello sir, I m pooja from Ahmedabad I did married 2 years ago and now i have a one child. But now i m in love with other person.we want to marry.but my husband not ready to give divorce. then what can i do? Plz suggest me
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A. Dear Mam, Your query regarding divorce is very critical in nature. As per the LAW, a married Hindu cannot marry again unless the first marriage has been decreed for divorce or the spouse has demised. In this case, the above both the options are open and hence you cannot marry legally. You have to first take divorce from your former husband and then marry.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
hi, my husband married again without our divorce,he has a son now how to proff his second mrg with that childs birth certificate where i ll get.
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A. Dear Mam, You file a case on him on adultery and bigamy. Also file a petition before court praying for the DNA test of the child to be conducted if he refrains from accepting the parentage of the child.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
Girls family did hide that she is having medicine for mental illness eventhough treatment started 2 yesrs before marriage. Marriage had happend in july 2015 and she started treatment for mental illness from 2013 april. Husband and family got to know about her illness after marriage only. Her condition is, she cannot complete any task without help. Mother has to give her intruction one after the other to complete a simple house hold work too. She doesn't have any attachment with her husband as she doen't have any feeling towards him. Husbands family asked for divorce due to these reasons, but her family is not willing to give a mutual consent for divorce. I am asking on behalf of husbands family and i would like to know what are the complications that we can expect if we file a case for divorce. We have proof for she having medicine from 2 years before marriage and proof for girls family didn't reveal about her illness to husbands family before marriage. Please let me know if it is easy to get a divorce with these proofs.
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A. Dear Sir/Mam, You dont need to pray for mutual consent divorce before the family of the girl. On a high level it can be stated that you are eligible for getting divorce, if you can prove the depth of the illness i.e. to say that she is so graviously infected with the dissease that she is not fit for the marital tie. What do you mean to convey from she does not have feelings for her husband? Does she refuse to co-habit with her husband. You can consult for any further advice in this regard.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
am being mentally torched by my in laws / husband since last 10 years. conditions become more worst now, i have m girl child age 9 yrs. but they do not agree to send her with me anywhere even in my parents home. they also misbehave with her a lot of times in front of my eye. washed her brain in absence of me as i m working women. i want to get rid of them and also want my child get rid of them bcoz they would be harmful for her future. my brother in law a drunk man. my girl is not safe. pls guide me i m at my parents home but my child is with them right now they r not sending my child with me. one more thing i want to give u that my father in law is a property dealer and make sale / purchase of land in my name since marriage and make profit. one of the land court case is pending in court in my name bcoz they make some fraud with purchaser and they file a case against my name. they use my only to sign the papers for make profit on land for them. i am from a Brahman hindu family
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A. Dear Mam, You can file a case for divorce on grounds of pain and suffering, domestic violence etc. You can file for custody of child as well.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Anonymous

Posted 11 months ago

I married on January 25 2018, my husband stays in newzeland, we have a lot of fights and we want divorce with mutual consent,how shall I proceed?
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A. Dear Mam, Since, both of you have mutually consented for divorce, you can proceed ahead. The reason behind such a divorce is not mandatory. Since, a period of 1 year has not elapsed to your marriage, you both need to convince the judge for accepting the petition. In mutual consent presence of both the paties is required.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
What is the minimum period of time to fulfill for granting divorce for couple with no marital status and living away one another
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A. Dear Sir/Mam, The time period is 1 year.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
i have sent my wife the restitution of conjugal rights notice...but her mother said that she is not at home and she is at other town for her education and avoided to take the notice....what should i do??for how many times notice will go to her home??
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A. Dear Sir, You have sent her a Notice or Request letter. What mode has been used by you for sending the same i.e. hand delivery or speed post. Please answer the above. In relation to your query please find the answers: 1. Your next action will to file a suit before family court for RCR. You will have to mention there that "Reasonable efforts have been taken from my side but it failed." 2. There is no such time as given by LAW, but the answer to this question would depend on your answers to my questions.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

Anonymous

Posted 11 months ago

i want to file maintainace case on my husband. is it compulsory to do mrg registration
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A. Dear Mam, Marriage registration is not compulsory.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata
Dear Sir, My wife filed a Divorce petition in August 2016 with fake allegations and details in Income and Assets affidavit which we challange in the Hon'ble court of ACMM criminal court u/s 182 instead of the family court in Sept. 2016. My wife withdrawn the petition in Dec. 2016 with liberty to file proper petition. Now in April 2018 our complaint case u/s 182 also withdrawn with "liberty to file in proper court if adviced and as per law". Q Can we have any remedy as when we filed the complaint case in wrong court, that time the Divorce petition was active but now at this point of time both petitions have been withdrawn but we have the liberty to file again in proper court if adviced. Q My wife filed a fresh petitions with added new allegations and she deleted some allegations which were there in the withdrawn petition. (Is it permit by law) Q She also changes the facts of Income and Assets affidavit from the withdrawal affidavit to the new affidavit. (Is it permit by law) Q In new Income and Assets affidavit, again she did not disclosed the savings account in which she is having a clear balance of more than 2,60,000/- but she admits in written that she is having the account in daughter's name for her education and training purposes.( Is this comes under section 340 for concealment of fact?) Please suggest/advice on the maintainability of the New Divorce petition on the above grounds. Thanks and Regards,
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A. Dear Sir, Your matters appears to be complex in nature because of involvement of various points of Law. It is recomended that you take a consutation.
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Vedant Lakhotia Exp: 3 Year(s) Kolkata

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