Advocate Saurabh Dalal

Questions Answered by Advocate Saurabh Dalal

Q: Can I seek mutual divorce if husband lives abroad ?

Husband lives in australia.Married from last 3 years but only 3 months we stay together.so no understanding at all. Want mutual divorce. How much time it will take as he is coming to india for 20 days only after that he will not come to india anymore.So is there any way we can take mutual divorce in that 20 days only?

Advocate Saurabh Dalal answered
Yes you can get mutual divorce.The case can be filed and the next date I.e second motion date will be after 6 months. Then also the husband will have to appear and it will be final. Only three day procedure now and only one day on second motion.

Q: Being a adopted son do I have share in father & grandfather's property

Being a adopted son do I have right in ancestral or my father's property and also want to know where is the case filed if I want my share HC or district

Advocate Saurabh Dalal answered
an adopted son has equal rights as that of the real son in ancestral or your father's propertythere is no differentiation between the rights of the two firstly, the case can be filed only in the district court and not High Court

Q: Wife took children along with her how to get custody for my children

The mother had gone to her fathers house with he two sons under Normal circumstances where the father of the children booked the tickets as a part of winter vacations , the mother had an alteration with fathers younger brother and since than has refused to come back and even not letting the father speak with children what are the legal options of the father . Children are both boys and aged 7 and 3 and a half years respectively

Advocate Saurabh Dalal answered
in the present situation, the father has two choices regarding children1. either to seek custody of the children however, the younger son is too young to survive without the mother but you can seek custody of the elder son2. or you can seek visiting rights to your childrenor in the alternative you can seek restitution of conjugal rights i.e file case to get back your wife in the marital home

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 Saurabh Dalal answered
If the earlier filed divorce petition was dismissed or it was withdrawn without liberty to file fresh one then you cannot file divorce petition on same act or instance of adultery but if the act has been committed again after that earlier act then you can file a fresh case.

Q: What action can i take as husband physically abusive and beat me a lot

That I was married with a person in January 2011 at Punjab. That from wedlock a male child born out in may 2013. At that time I was residing with my husband in the unit. That after few days of marriage my husband started misbehaving with me and demanded dowry .as I was not able to bring dowry ,he abused me many times and give beating to me on several occasions. What action can i take against my husband?

Advocate Saurabh Dalal answered
1. U can file a case for harassment by way of FIR2. U can file a case under domestic violence act along with an application for maintenance3. U can claim maintenance for yourself and the child under separate provision4. U can file a case for divorce if u do not wish to carry on the relation5. All these remedies can be availed simultaneously.