Advocate Pawan Tyagi

Questions Answered by Advocate Pawan Tyagi

Q: When should i file divorce case my father will get retirement benefit

I am from haryana. I am doing privet job in jammu. So since may 2016 i am living in jammu and my wife living with her parents. In my ancestral home (haryana) only my father is living. My mother is expired. My father is in govt job and going to be retired in jan 2017.i am to file divorce case but i have fear that my wife can file dowry case against me and my father. So my father can lose retirement benefit from govt. He is going to get 40-50 lakhs at retirement. Sud i wait for retirement in jan 2016 or can i proceed now if i have another way to be safe. Suggest me plz

Advocate Pawan Tyagi answered
you can file case for divorce against your wife without any fear of losing benefit of retirement of your father. there is a solution for such a problem which can not be disclosed to you on pc but if you contact me through phone or personal meeting i can tell you the proper way to file divorce case.

Q: What is the procedure to file for divorce and child custody

What should i do to initiate the divorce? I got married in 22july 2012.I am working in an IT company Its been 4 years now , but even then i have so many issues with my husband He used to threat me a lot . earlier he hit me as well but last year i filed complaint against him so after that he stopped hitting me . But its been more than one and half year that he is not giving me a single penny for household expenses we have one kid as well ,he is of 3 years now studying in a play school He never pay his fees /monthly rent/general expenses He put so many alligations on my character .

Advocate Pawan Tyagi answered
you have right to initiate proceedings for divorce under section 13 Hindu Marriage Act, for causing cruelty, desertion , adultry, etc. For permanent maintenance of your child and for you , you can claim maintenance under section 125 criminal procedure code. for the claim of maintenance you need to prove earnings of your husband like salary slip, ITR, etc. which depends upon many factors of your life, like living standard ,earning of your husband and your earning .

Q: Can girl claim for alimony and property in divorce case

If a girl files divorce case.... then does she has right to take alimony and sharing in property..?? I am a hindu girl.

Advocate Pawan Tyagi answered
You can file application for alimony but you have no right to claim property. You can file acomplaint for accommodation under section 12 of Domestic violence act together with compensation and protection . You also have right to file complaint for maintenance pendant e lite ie compensation during pendency of the suit. You can claim charges for litigation in the suit for divorce

Q: loan against my car?

I have purchased a new car through employer in Nov. 2012 and some downpaymet given by cash (rect. available). In July 2014 employer had been terminated me without given my full & final settlement including car. Car is in my hand at present. Renewal of Car Insurance in Nov. 2014 also paid by employer and cover note also given me. Now they denied that the car has been given as a facilities instead of loan.

Advocate Pawan Tyagi answered
Dear Bro whether the vehicle is registered on your name or on your employer. If it is registered on your name then it is not problematic and you can get it easily but if it is not so then it well take time

Q: In laws lied about the girl's education qualification. What can i do?

I was married last month. The girl's parents told that she was educated but now we have realized that she is uneducated and doesn't even know ABCD. I do not wish to stay with her anymore. What can i do? Divorce or annulment or can i file any case on my inlaws?

Advocate Pawan Tyagi answered
You can get your marriage annulled by the court on the ground of fraud. Otherwise mutual agreement may work but it is outside the court.Generally on ground of concealment of fact or giving false information is equivivelant to fraud. In India irretrievable breakdown of marriage is not applicable but indirectly it has been accepted under section 13 B of Hindu marriage act. But it requires one year time period since marriage then only you can apply.