Advocate Ashley David Cusher

Questions Answered by Advocate Ashley David Cusher

Q: Regarding Section 125 (3) of Cr.PC and Section 31 of PWDV Act

DV was filed by my wife against me in 2013. MM Court passed interim maintenance order on in Feb 2017 of Rs. 15K from date of application i.e. Feb 2017. I paid Rs.60 K but D.W was issued and I deposit 25K D.W was called back by MM. Further I paid 10K and D.W issued again in April 2018 and I deposit 33500/- and promised to pay 20K per month in writing D.W is stayed by M.M in April 2018 itself and MM wrote that As Resp. is ready to pay Rs. 20K Per month so no purpose will be solved by sending him behind the bars hence D.W is stayed till next date. Since then I am paying 20K per month but (1) OP is not filing her Oral or Written Evidence (2) OP has registered a separate case U/S 125 (3) of Cr.P.C and 31 of PWDV Act in the same Court. My next D.V date and case for this fresh case is on 10th Aug 2018. OP is staying in my own flat which is under the name of me and my father but she did not allow anyone of us to even enter our own flat. Please advice accordingly that what am I suppose to do?

Advocate Ashley David Cusher answered
Distress warrant can only be issued if you are not paying maintainance.. why are you paying 20k instead of that pay 15k. Take your own time. If you paying anything towards maintenance then no magistrate can send you behind bars. Your request your lawyer to move an application wherein he shall insist on proceedings..

Q: What is the procedure of muslim divorce and status of tripple talaq

I want to know what is the procedure for divorce of Muslim couple as per Indian court of law / Muslim Personal law, and status of triple talaq at present. How can we get divorce?

Advocate Ashley David Cusher answered
Hey. You are trying to obtain customary divorce.. the procedure is same as old it's only that you have to pronounce talaq as per new amendment.

Q: What to do if my father and brother are paying the installments

Hi, Please help me out as I am stuck here. Me, my elder brother and My Dad together took a mortgage loan against property for the marriage of our sister. As my documents were strong I became the first applicant and Mom-Dad are the second applicant in the Loan. At the time of application they convinced me saying they will pay off the Loan immediately after the marriage by selling the property. Now, due to some family dispute, Dad have removed from house with my pregnant wife and we are now living separate. They are also now denying to pay the Loan also. I am really stressed out of this situation. Please help!!!

Advocate Ashley David Cusher answered
You have not mentioned the property details.. beside that if property which has been mortgaged might become NPA. Since you have become seperate what will affect you.. let that property be auctioned or whatever..

Q: What to do in laws disowned wife and child to deprive from property

Husband filed for divorce and his parents disowned him and his wife and his new born baby too. But they are living together..disownment only to deprived wife and baby from property rights...can they live together after disowning...? Can wife get any benefit from there proofs of living together... How wife can be benefitted ...after disowning how could they live together..isn't it fraud ?

Advocate Ashley David Cusher answered
It's very much clear that all these family members are very much together and showing a wrong picture of disownment. File 498~A ,406 case in police station, file for DV case , also file 125 CRpc in family court. There are more options which can be explored

Q: Validity of disrespect of in laws as ground for divorce

My wife does not take care Family well being & does not respect elders of the house & uses wrong language for them, so based on that can I get divorce. Religion : Hindu

Advocate Ashley David Cusher answered
Yes, you can seek divorce on the ground of cruelty, you should accumulate evidence in lieu of cruelty to you and your family.. you have not mentioned the years of marriage, issues born out of the said wedlock.