Advocate Madhuri Bakshi

Questions Answered by Advocate Madhuri Bakshi

Q: defamation case against the petition after withdraw of petition

my husband filed the divorce case in Mathura UP after 2 year he has withdrawn his case. I stay in gurgaon can i file a defamation case against him in Gurgaon?

Advocate Madhuri Bakshi answered
Yes, you can file the case if you have strong grounds for defamation. Else, you can try to explore other legal options. Also, in case the reason for withdrawal is a compromise between the both of you then you should not be filing a defamation case.

Q: For divorce for the bad behavior of husband and bad character

Both couples not live with each other husband character is bad ,marriage just 3 months complete but both not want live with each other and how much time taken in divorce procedure both want very soon

Advocate Madhuri Bakshi answered
Divorce can only be filed after one year of marriage. In rarest of rare circumstances, the court can allow the petition before elapsing of 1 year of marriage but you will have to move an application under section 14 of HMA along with your Divorce petition.

Q: once husband withdraw divorce petition , what to do with hma 24 ?

husband filed divorce hma 13 near baout 2 year back after that i filed the 7 /11 and hma 24 application now my husband with draw his HMA 13 petition. now judge is not giving me any expense of traveling and legal expense of advocate. judge told me file a defamation petition in your state. what should i do ? judge asked me now you should also withdraw your hma 24 application

Advocate Madhuri Bakshi answered
Since the main petition has already been withdrawn, the application filed under section 24 cannot be pursued. Therefore, you cannot claim the litigation expenses and travelling expenses. This could have been granted only during the pendency of the petition.

Q: TP with allegations and divorce response

Filed for divorce from wife. She has applied a TP get the case transferred as daughter is quite small. No issues in case being transferred, but she has also filed a response to my divorce petition and baseless allegations. Do these allegations/response hold valid in the lower court? Should i be even responding, as else I do not plan a contest of a mere TP

Advocate Madhuri Bakshi answered
You should contest the Divorce Petition and you can try for mediation as it will give you an idea about the opposite party’s thoughts. Although, the case will be transferred to her city of residence but during the mediation proceedings, the mediator will try to sort out the issues and try for an amicable settlement which could either lead to mutual consent divorce.

Q: Resident and maintenance right for working women

Meri shadi ko 3 saal hue hai due to physical harassment I filed 498A with enough evidence of CCTV footage, am working women and my husband's salary is 4X then my salary we have joint home loan as well but he is not paying the emi since last 6 month property will take over by bank bank has shared legal notice to committee but my husband not responding any call from anyone ..our hearing is not started yet.as am working can I ask for residents right in that flat or if court will allow who will pay

Advocate Madhuri Bakshi answered
Yes, you can file for right to residence under Protection of Women from Domestic Violence Act, 2005. You can also claim your right over the property under Section 7C of the Family Courts Act by filing a petition before the Family Court.