Advocate Jitender Malik

Questions Answered by Advocate Jitender Malik

Q: mentally torture by wife she misbehave with my parents and me

sir i m from chandigarh and belongs to himachal and my wife is from haryana who is govt teacher. i got married in 2005. I Left job after 3 Months after my marriage to improve my future which was agreed by my wife and got admission in MSC(it). But i couldnot got job in chandigar. I got a job in jaipur but my wife didnot wanted me to do job in jaipur. After1or 2 years she started to torture me that i do nothing. My family fully support her but she does not listen to anybody and behave like mentally disturb and doesnot want that my family live happily. She often misbehave with everyone in house. She lets down everybody. She treats well with her family and misbehave with me and my family everyday. She dont listen to me and behave like mentally. She often threat me and my family that she will file false case against me and my family and will make police case. My mother is aged and she is BP patient. We have talked to her family also but no use. Kindly help us how ro get rid from this prob

Advocate Jitender Malik answered
You can approach the mediation centre In court of your local jurisdiction. Or you can file case of HMA under the provision of section 9 for reconstitution. And in case of any threat perception you can approach the Women Cell by giving your comolaint

Q: Filing mutual divorce on basis of power of attorney whether SPA or GPA

I want to file a mutual divorce . My husband is NRI and has sent a special power of attorney to execute the same in the name of his father. I want to know if SPA of NRI spouse admissible in 13B petitions ? Also i want to know if SPA a good idea or GPA, in such matters ?

Advocate Jitender Malik answered
Mutual divorce petition is a joint application to be filed by both the spouses and they will have to appear and make their statement in person. NO SPA or GPA is allowed. the parties are required to be appeared in person for making their statement. however, copy of the petition can be sent to husband in abroad. there he will put his signature at required place and after attesting the same from attorney and embossed from the embassy will send herein india and then only the application would be filed

Q: Can I file divorce on same ground again in the court

Sir, Can i re-file divorce petition in section 13 same allegations of adultres relation

Advocate Jitender Malik answered
In case of adultery direct proof is difficult to get and one has to rely for proof thereof on circumstantial evidence and the same may be sufficiently proved from which adultery maybe inferred. The burden of proving adultery in a matrimonial case is on the person who makes the allegation. However you can file second petition on same allegation with New facts and circumstances and there is no bar

Q: Married in India but violence was in Australia how to file a case?

An indian girl from chandigarh was married to an indian with a PR in australia , the husband is a cop in australia . The marriage was done in india according to indian law and was registered in india.But after a few months in australia he and his mother started mentally torturing her...And now they are not living together. He threw her out of the house and when the police came, he told them that the girl was torturing his mother (a senior citizen) therefore she couldn't make a case for domestic violence/torture as it was a mental torture . So how should we make a case on the husband ?

Advocate Jitender Malik answered
girl can file any complaint herein India of the Indian Penal Code except upon a police report of facts which constitute such offence or Upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father' s or mother' s brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.

Q: Property transferred through gift deed can we challenge it

My mothers sister got the entire property transferred on her name in 2008 while the mother is still alive my mother has come to know now any way she can lay claim? property was transfered through gift deed can we challenge the same in the court ?

Advocate Jitender Malik answered
yes for the same both criminal as well as civil proceedings can be initiated. the offence is criminal and a case under section 420 IPC is made out against the mother's sister. your mother can also file a civil suit for declaration of title of the property and injunction from further alienation etc.