Advocate Radhika Mehta

Questions Answered by Advocate Radhika Mehta

Q: What to do if my wife is threatening me and my family

I HAVE DONE MY 2ND MARRIAGE ON 23RD MARCH 2018 WITH ALREADY DIVORCEE WOMEN WHO HAS JUST STAY WITH HER PREVIOUS IN LAWS FOR JUST 1 MONTH BUT WITHIN ONE MONTH SHE STARTED FIGHTING WITH MY PARENTS & SISTER & MY SELF AND IN ALL SMALL SMALL QUARRELS SHE GIVE THREAT OF GOING BACK AND FROM LAST 1 & 1/2 MONTH SHE IS AT HER PARENTS PLACE AND WE AREN'T IN TALKING TERMS

Advocate Radhika Mehta answered
There is nothing which you can do legally before one year of the marriage to put an end to it. Unless you are able to establish that your consent for the marriage was obtained through fraud or misrepresentation or any of the other grounds stipulated under Sec 12 of the Hindu Marriage Act to declare your marriage as null and void. Therefore i would advise you to put this time to good use to give your marriage a proper shot. Go for marriage counselling, try to meet and speak to her. Do maintain some kind of records of your efforts. If all fails but you want to save your marriage, you can file for Restitution of Conjugal rights. The same can be filed within 1 year also.

Q: legal action against wife who threatens husband and ill treats him

My brother getting married since 4 month his wife torcher to him always for money, and also she wants body builder husband and monthly income more than 150000 also torcher to my mother father and always insult to entair family She was directly talk in this language maze bhauji advocate ahe maza bhau police ahe tumala manila mandal court police station dakhavte My brother is very sinciner now he saying I finish my self we all are in very big tentions pls advice

Advocate Radhika Mehta answered
You and your family need to handle the situation with a lot of tact. Start recording his wife and her threats. You cannot file for Divorce before one year except under exceptional circumstances such as when there is a threat to life and limbs etc.

Q: Can divorce notice be sent to wife studying at her college

my wife has taken admission without informing us and now she is not in contact with me so we have filled sec9 case against her and now she is pursuing her study in Hyderabad so can we send the notice in college

Advocate Radhika Mehta answered
It is not advisable to send the notice directly to her parents'. If you filing for restitution of conjugal rights, you have to show your bonafides to the Court also. Sending a notice to college shows intention to harass. I would advise you to send it to her parents' house or any other last known address.

Q: Lawyer engaged in divorce case be appointed by one party in contested

I have my court case going in for a contested amount for mutally consented divorce. My wife's lawyer has made an appication to the court , that my lawyer cannot represent me.. as my lawyer is the same one who has earler been engaged by both of us ( my wife & myself ) for mutaal concent divore... will I have to change the lawyer ? 10:40

Advocate Radhika Mehta answered
Yes you will have to change your lawyer as your wife, in confidence, may have revealed certain things to him while he was representing the both of you in the Mutual Consent Divorce Petition. It is unethical practice for the lawyer to continue to represent you in the present contested matter.

Q: Procedure in case husband wants to file divorce but wife does not want

Mere husband divorce lena chahte hai lekin muze divorce nahi lena kya Kr sakte hai?

Advocate Radhika Mehta answered
Agar aap ko Divorce nahi dena, aap mat do. Aap ko koi force nahi kar sakta. Agar usko chahiye, woh Court ke paas jayega. Tab aap restitution of Conjugal Rights file kar sakte ho ki mujhe mare husband ke saath rehna hai. Courts generally marriage save karne ke liye inclined hoti hai.