Advocate Bhoomika Choudhury

Questions Answered by Advocate Bhoomika Choudhury

Q: Can i marry in UAE without getting divorce in India

hi, i need to ask that i want to get married to a filipino national women , however i was married before 4 years and within a month me and my wife was seprated and she never stayed with me for about 3 years with no contact , and now i came to know she got married to some one else and she is settled . so can i go ahead with my marriage in the uae ?

Advocate Bhoomika Choudhury answered
Thank you for your question. We understand that you were married before 4 years. However your wife has married another man without formally ending the marriage with you. In a case where a person gets into a marriage during the subsistence of a marriage, the second marriage is considered null and void in the eyes of law. Similarly if you marry another person, even if it is in a different country, for all practical purposes, it will be considered illegal. Later you will face a lot of problems with respect to inheritance and property rights. We suggest that you end the first marriage by mutual consent and then go ahead with the second one.

Q: Want to apply for divorce

I would like to send legal notice to my husband as we think we can no more get along together and I want to part ways respectfully giviving respect to our 14 years marriage I am a hindu by religion

Advocate Bhoomika Choudhury answered
Thank you for your question. If you are a Hindu, proceedings can be initiated under Hindu Marriage Act. It has to be determined first whether it will be by mutual consent or a contested one. The procedures for both will vary. Also it will be important to consider whether there is any child from the marriage and if you want any maintenance from your husband.

Q: Character assassination of husband through pleadings in plaint

Can a husband get divorce if his wife uses baseless allegations in court pleadings in an attempt to try to assassinate his character? Also, if calling husband a rapist on multiple occasions amounts to cruelty enough for divorce? If husband can prove that in records.

Advocate Bhoomika Choudhury answered
Thank you for your question. It will be relevant to understand which is the proceeding in which your wife is trying to assassinate the husband's character. If it is in a divorce proceeding, they you can just go for a mutual divorce. Using baseless allegations in court proceedings get proved at a very stage. Once it has been proved in one proceeding, you can use it as one of the grounds. However the Court will not consider cruelty on this sole ground. As far as your second query is concerned, with respect to calling the husband as rapist. Once it is established in Court of law that there was no marital rape, it can be used as a ground for cruelty. But divorces are granted usually when a host of reasons are shown to Court indicating towards cruelty.

Q: Filed for divorce on grounds of adultery, can her bf be made party

I have filed divorce petition against my wife on cruelty n adultery. Can the person whose against i have audio clips proving love affairs for my wife , be made party to the case.

Advocate Bhoomika Choudhury answered
Thank you for your question. The person cannot be made party in the divorce petition. However, separate criminal proceedings under section 497 of IPC (providing for adultery) can be initiated against your wife's partner. Contact us for any further queries

Q: Harassment of old parents by son and wife

I would like to know what can I do as a daughter for my parents as they are being harassed by my brother and his wife. My parents live with my only brother and his family. House is on my dad's name. There is disgusting and very bad behaviour towards my parents. My parents are in too much pressure and in frustration fight with each other instead. My sister in law is very nasty and is the root cause. I want to help my parents as cant see them being tortured . My brother calls us and threatened us as well if we interfere. Pl help

Advocate Bhoomika Choudhury answered
Thank you for your query. It will be important to know if the harassment is only limited to verbal abuse and taunts or does it extend to physical abuse. If there is physical abuse, a complaint can be filed against them.They can also be threatened to be thrown out of the house and a Will can be drafted taking away all their rights on your father's property. You have the right to interfere in your father's matters, do not get bogged down by his threats. Report to the police if he gives any physical threat.