Advocate Anita Hiranandani

Questions Answered by Advocate Anita Hiranandani

Q: Procedure to get amicable divorce

How do you get an amicable divorce

Advocate Anita Hiranandani answered
The couple who is willing to separate by way of mutual divorce, they have to settle first on consent terms, if they have pending give and take liabilities, in terms of if any permanent alimony, if jewellery, if any investments, if any property, child maintaince, custody, access of child timings,joint parenting plan, etc. The consent terms are decided amicable and then have 5o file petition for divorce in family court, first date consent terms are finalised in court. Time is given of six months to complete compliance of consent terms. Second date which is final date to complete divorce procedure with affidavit and signature for divorce decree. If couple has agreed amiably to part without any allegations on each other by way of MCD can go ahead for amicable divorce or mutual consent divorce.

Q: What remedy is available under Hindu Law against adultery?

I want to ask that how to file a case against wife under Hindu Marriage Act 1955; who is in Immoral relations with other guy & he is adult men. As per Section 5 i) ; Can I file a case against her? Also notable point is police deptt. saying that you can't do anything as her statement of her own will that of she is in relation with other guy(adult) as per her own will? But As per my study of Hindu Marriage Act 1955 we both are in relation of 20Yrs (legal Marriage of arranged type in same caste) & not divorced so can i file a legal case against her? Police deptt. is not doing such more investigation in this matter so i decided to go at court...Please advice! Thanks & Regards.

Advocate Anita Hiranandani answered
Hire some detectives or find some evidences against wife and her man. Strong proof against them that proves their adulterous relationship. And then knock the door of court to file criminal complaint and based on your evidence divorce case. But find gather evidences

Q: Wife's legal right to reject divorce as only husband wants divorce

Can husband and wife stay separately without taking divorce. What if husband wants divorce and wife doesn't want divorce. Can wife has legal right to reject divorce

Advocate Anita Hiranandani answered
Yes wife has right to reject divorce and file for restitution in her reply. Again depends what grounds the husband has filed for divorce that is important, nullity, adultery, unsound mental status, all depends which are the prayers grounds for divorce. Contact a good advocate

Q: Legal remedy in case daughter in law Harrassing Senior Citizens

One couple residing at Hariyali Village Vikroli East. Both are Senior citizens approximately above 75 years old. They had one son which died in 2017.Since last one year their daughter in law who are staying with them always abusing them and trying to mentally tortured and harras them continously They both are a diabitic and BP patients. One of them also paralized. What can I do protect them from such situation

Advocate Anita Hiranandani answered
Who is owning the property residence? Under senior citizen act all the harassment can be taken care and also senior citizen can be given protection by police. File a police complaint against daughter in law with the help of neighbours or social worker or advocate. What is the means in terms of maintenance for medical other things who is paying? That also can be covered in senior citizen act. Secure yourself first by filing complaint. If you are relative you can file behalf of them.

Q: How early can I get a divorce from husband?

Not living with husband since a year . want divorce. Is it necessary to wait for six months for results. Is there any possibility to get divorce in short period without wastage of time? Hindu by religion.

Advocate Anita Hiranandani answered
Mutual divorce compulsory cooling wsiting time is six months, unless any partner is having any deadly diseseas then the divorce can be faster. Mutual divorce can be possible provided your partner is willing for divorce.