Advocate Irtiza M Salaria

Questions Answered by Advocate Irtiza M Salaria

Q: What can i do if my elder son is harassing me and my wife

Mera bad deta muje bahut presan kar raha o nash bahut karta ghar me bhi jagda karta hi gali bhi deta uski maa ko bhi marne ata hai roz nash karke ghar me 3am 4 am aa kar chali sabko gali deta hai me kya karo koi upye dataye What can i do ?

Advocate Irtiza M Salaria answered
I can lodge an FIR against your elder son in the local Police station... You can also give him FARGATI (END HIS RELATIONSHIP IN TOTAL WITH U) by getting it published in the local and then provide a copy of the same to the local Police station....

Q: Can any judgement of sec 9 HMA be dismissed by the court

My husband filled section 13 at ahmednagar against me and I have filled section 9, dv and indore family court has passed decree of section 9 in my favor. Please do let me whether his section 9 will be dismissed or not.?

Advocate Irtiza M Salaria answered
Under sec 9 of your petition a decree is passed on your favour... It's passes only because the court appreciated the fact that your husband has deserted you without any reasonable cause.... The court found your husband as the only reason for the same and not you... Now as your husband still don't want to be with u he has filed a divorce petition under sec 13 HMA and the grounds in the aforesaid section are hard to prove coz I have a decree in your favour under sec 9.. for further questions you can contact again

Q: What are the steps that can be taken to prevent 498a matter

Respected Sir Mere bhabi ne hum pr 498 dakhil kiya hai.unka shadi se pahle dimag ka ilaj shuru tha lekin unho ne ham se chhupaya shadi ke baad sab pata chala hum ne divorce manga to unho ne lawyer through aisa likha ke inho ne abortion karaya hai halanke aisa kuch nahi hai un ke pita ne abortion karaya kyu ke unhe pata tha iska divorce hone wala hai Dusri baat unho ne aisa likha ke maintally disorder shadi ke baad hua ayesa bataya hai plz reply sir we have innocent what I do?

Advocate Irtiza M Salaria answered
First collect the full details of her medical background, as much as possible and also convince some of her relatives or yours or your neighbours or all of them who know your whole story to be witnesses on your side in the hon'ble court. Collect the full details of her abortion and the person accompanying her while doing so.... Everything is the game of witnesses and evidence.... I personally think that she doesn't have any evidence to support her claim... And the case is on your side.... For further questions you can contact again.

Q: Want divorce from mentally disturbed wife,her parents not ready for it

I want to divorce my wife who is mentally disturbed. She has been living with her parents for last 2.5 years.They ( wife & her parents ) are not agreeing for divorce by consent. What is the procedure for divorce & how long will it take & cost?

Advocate Irtiza M Salaria answered
You forgot to mention whether you are a Muslim or a Hindu... If u are a Muslim, you can give divorce to your wife in written form which will also be an evidence for the future happenings But prefer talak ul sunnah rather than talak ul biddat ; i.e do not pronounce triple talak at once because it is a biddat That will be enough, initially If you are a Hindu, you are supposed to file a petition for judicial separation in the SPL. Court for Matrimonial cases and as pertaining the grounds that you mentioned earlier such as insanity and 2.5 years desertion; there is utmost probability that the judgement will be in your favour and you will get divorce. This matter will most probably take the maximum time of 1 year and will cost Rs. 20,000/-