Advocate Ankur Abrol

Questions Answered by Advocate Ankur Abrol

Q: Can I take divorce by mutual consent while living together currently

we currently are living together but both myself and wife wants to separate by mutual consent. Can I file mutual consent divorce petition now? or is it mandatory to live separately for one year first before filing petition?

Advocate Ankur Abrol answered
Certainly, if you and your wife have decided to put an end to relation, you may get separated by mutual consent of divorce under section 13(b) of Hindu marriage act. Its not mandatory to live separately.

Q: Wife left marital home without any reason

I got married on 4th May 2017. In July my wife went to her parents house for a month (due to local ritual). She came back after a month and then she left my home after two-three days. I went to her parents home twice to bring her back but she refused to come back to home. Now her family has filed a case against me that I am not paying for her expenses. We are not talking even on phone since October or November. Please suggest what should I do?

Advocate Ankur Abrol answered
If you intend to resume the company of your wife who has left you without any plausible reason, in such case u may file a petition under sec 9of hma, 1955.in case of maintenance as claimed by her, you may oppose the same.

Q: Procedure to file divorce from my wife

Dear all, i m in big problem about my family (wife) , which is not good, she is depression pasent before my marriage but use me very poor to poor languae to me, my father mother even her family , also force to me if u go in police then we will also pushing your all family for dorry etc (apko ur teri puri famly ko police walo se marwayge pure famliy ko jail karwayeg , meri wfie ghar se bhag jatti h , sucide ki dhamki deti h , beti ko mar daulgi ya beti ko annath ashram m dal dugi , agr m apne father ko check karwane hospital lekar jau to bolti h ki kyu karwata h tu check unko etc.... kya kru

Advocate Ankur Abrol answered
You can file a divorce petition against your wife on the grounds mentioned by you in the court of district judge. The petition has to be filed at the place where you both resided. If she is also willing to get divorce you may mutually file divorce by mutual consent which takes six months.

Q: Procedure to change name in 10th and 12th mark sheets.

In all my documents i.e. 10th, 12th documents and also in Driving Lincense, Aadhaar Card, Voter Card is "Manoj Kumar". When I join my job in my service book my name is "Manoj" only. What is the procedure to fix my name.

Advocate Ankur Abrol answered
you can get your name changed by filing civil suit in this regard seeking your name change. If any records like panchayat records etc are there in which your correct name is mentioned than it would be of great help to you in getting the name changed.

Q: Can a DV case be filed during the pendency of divorce case

Hmara divorce ka case chala hai pichale ek saal se but mera husband mujhe lgatar gande sms mere character pr kichad uchalne bale bhejta rehta h Jisse mujhe bahut gussa aur tnsn hoti hai ...kya me iss ground pr usspr DV ka case kr skti hu

Advocate Ankur Abrol answered
As long as you are sharing the same household with your husband d and whilst your stay with him, he maltreatment you, in that event, you have every right to file dv complaint, notwithstanding the fact, that you have filed divorce or not. Go ahead, raise your voice, file a complaint. But if you are living separately with him than you cannot file dv complaint.