icon Schizophrenic spouse

Hello Legal Eagles, I am 46 year old. My wife is schizophrenic, from before marriage. I have been taking care of her, to the point that i lost my job and exhausted my savings. She even beats me up. H


A. Hi,
You can file for divorce due to her unsoundness of mind. This way, you will have to pay her some maintenance, but can be free from her harassment.
Approach the police and lodge a complaint for assault under Sections 350, 351, and 352 IPC.
You can try and get her admitted to a mental healthcare institution for treatment under S.89 of the Mental Healthcare Act.
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Latest Response 3 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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icon Divorce petition

My wife was taken Money before she filled get separated and then she filled a Divorce case against me,how can I get my all Money and ornament legally before final Divorce


A. Hi,
She can claim a fair share of your assets, this can be determined over the course of your settlement negotiation. You can claim the property for yourself if you prove in Court that she has already received more than an adequate settlement.
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Latest Response 3 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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icon Harrasment from aunt

My aunt is. In Australia, she used to. Be helpful and talk nicely to me. I told her a mistake that I. Did 6 years back. I. Gave my then school crush my grandma's jewel with my grandma's permission,tha


A. Hi,
Defamation is punishable under Sections 499 and 500 of the Indian Penal Code. In addition, outraging the modesty of a woman can be punished under S.509 IPC.
However, Indian Courts can only take action when your aunt is here in India. Block her and ignore any attempts to contact you for as long as she is in Australia.
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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Misbehave with my mother

Our cousin uncles son abusing and harnessed to my mother. And Captured our small portion of land, my mother also widow. our father expired and i am leaving in Delhi and my mother leaving in village.


A. Hi,
Complain about assault and outraging a woman's modesty under Sections 354 and 509 IPC. He can be evicted from the property by filing a civil suit for the same.
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Advocate Niyas  Fazal A

Advocate Niyas Fazal A

icon about foreigners marriage

can any indian man Marry a Pakistani women ? is this easy to get her indian nationality?


A. Hi,
Yes. She can get citizenship status from India after marrying you.
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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Advocate Niyas  Fazal A

Advocate Niyas Fazal A

icon Can I construct house in my property?

We are 4 brothers and one sister, all are living seperatly. My 2nd brother filed a partition case on all of us claiming he did not get anything from our parents, since the properties we got from our p


A. He may get a stay order.
But the problem in your case is that you have to filed your reply in the said partition suit along with counter claim stating that, you would like to bring to the knowledge of the court that the property which has been purchase in the name of your brother by family funds or through your parents which also amounts to family property and the said property need to be also partition.

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Latest Response 3 years ago
Ashish Kumar  Bhuriwale

Ashish Kumar Bhuriwale

icon Family issues

Hi, I'm married since 3 years and we got a baby boy aging 2 years right now. We both are working in software company. I'm facing some issues with my wife. She is keep on blockmailing(attempting suici


A. Hi,
Your wife will need professional help if she threatens suicide over trivial issues. Yo can try couples counselling to make your marriage work. If it does not, and you both are unhappy, you can opt for a mutual consent divorce.
Her brother and cousins can be booked by the police for criminal intimidation under Sections 503 and 506 IPC.
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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Second Marriage without annulment of first marriage

We are a family of four. Around 2008 my mother started having mental illness. My father was posted in different city. The situation did not get any better and after some 3-4 years we came to know that


A. Hi,
The second marriage would be invalid as your father was already legally married at the time it happened.
You mother can file for divorce on the grounds of adultery, she can also expect a settlement amount from our father. This amount will be determined on the basis of his earning capacity and available assets. Until the final amount is determined, you can claim interim maintenance from him under S.125 CrPC.
Your siblings and you can claim a share of any property your father possesses.
If you ...ReadMore

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Advocate Niyas  Fazal A

Advocate Niyas Fazal A

icon Court Legal Heirship Certificate

My mother mother & father expired. My younger sister is nominee everywhere in mother's FD & Insurance . I have Court Legal Heirship made after fathers death in which Mother, Me & My Younger Sister are


A. Hi,
She is bound to pay the other nominees if she receives the full amount. You can recover your share by filing a civil money recovery suit.
Yes, the legal heir certificate will suffice to prove your position.
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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Sidhaarth  S

Sidhaarth S

icon Wife doesn't want to live with me and my family. She is working in dist court

We got married in Jan 2019 and my wife is goverment servant in district court (Peshkar). She is living in Saharanpur with her mom and her mom is already divorced. My family was agreed as she was lonel


A. Hi,
You can file a petition for restitution of conjugal rights.
If this visit is unsuccessful, then you can try visiting a marriage counsellor to work past her differences. If this doesn't work either, then you can try and opt for a mutual consent divorce. So long as you are innocent, you can have false claims quashed. If she does file a case against you, file for anticipatory bail under S.439 CrPC.
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Latest Response 3 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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Advocate Niyas  Fazal A

Advocate Niyas Fazal A