Advocate Vedika Chhabria

Questions Answered by Advocate Vedika Chhabria

Q: Marry my ex sister in law(divorced to my brother recently)

As far I understand according to Special Marriage Act of 1954 I can marry my ex sister in law(divorced to my brother recently) but not according to Hindu Marriage Act, 1955.Is it correct or I can't marry her at all. can there be any complications?

Advocate Vedika Chhabria answered
Yes you can marry under Special Marriage Act. the minimum period of divorce granted should be completed for your ex sister-in-law to re-marry. there should be no legal complications untill and unless your family objects to the decision that you are taking.

Q: Wife filed case under section 12,17,21 what to do

1) my marriage is done as per hundu law 2) in my house I am a elder son 3) in my only 4 person including my wife A) my mother B)my wife C) my brother D) my self 4) my father expired on duty past 10 yr 5) after that I have got my fathers job on compensate ground 6) I am currently working in civil defance employee 7) my wife want s to stay separate ly from my family 8) now she is staying with her father house and said I m going for delivery perposs but till today she not come 9) in this time she have complaint against me in woman cell ,my mother,my brother, like v r not giving food , v r touched ing her every time giving bad words, house is very small and so on 10) now she have file case against me in court sec wise 12, 17,21 ,23,24 So plz advice me on this matter it will be very grateful of u

Advocate Vedika Chhabria answered
HiYou will have to file for either divorce or restitution proceedings before the Family Court.In case of any criminal cases filed against you, you will have to approach the Sessions Court for anticipatory bail.

Q: How to initiate transfer of divorce petition

I have filed divorce petition in pune.as the last residence was pune. Can my wife transfer the petition to her place I.e Aurangabad. If YES then where she has to apply for transfer (Mumbai high court or Aurangabad high court). What are the grounds for her to transfer ? How can I defend ? Thanks.

Advocate Vedika Chhabria answered
Hi,She cannot transfer the said petition for her convenience. She has to substantially show her legal need to transfer the case.If the transfer petition has to be filed then the appropriate court shall be the Bombay High Court.Thanks

Q: Husband filed divorcebut i do not want to. I wish to live with him

We both got married on 18th may 2016. Our marriage is love plus arranged. From last two moths my husband wants divorce because of money matters or whatever I don't know but I don't want divorce. I want to live with him. What can I do?

Advocate Vedika Chhabria answered
In this case, the husband has no right to file divorce.still if he is harassing you then you can seek relief through enforcing provisions of Domestic Violence Act. You can avail residential and other matrimonial rights.

Q: Legal rights of wife and minor child after divorce under Christian law

I am a full time home maker (a non earning member) & mother to a 2yr old & 5 yr old girls. Husband from Bandra while I come from Andheri. We are both Roman Catholics & got married in Mumbai in Church & have our marriage Registered under the Indian Christian Marriage Act 1872. Currently we reside in Abu Dhabi. I would like to knw my legal rights if my Husband or I file for a separation or divorce. My husband works for a well known bank in Abu Dhabi bank & my elder daughter goes to school in Abu Dhabi. In case i file for a separation, would want to stay in Abu Dhabi for a year till we figure out admissions for my daughters next year.. be it in Dubai or Abu Dhabi or in Mumbai. Want to knw if my husband is obligated to take care of our monetary needs & to what extent/limit. I want custody of my kids. What do I need to prepare for. 

Advocate Vedika Chhabria answered
Hi, You can proceed to file for Divorce Petition before the Bandra Family Court. You both are domiciled in India therefore you have to get divorced in India. You can appear through Power of Attorney before the Court in India.