Advocate Siddhartha Shah

Questions Answered by Advocate Siddhartha Shah

Q: What is the procedure of divorce

My wife does not want to live with us what happened if go to the court how many time is required in divorce

Advocate Siddhartha Shah answered
Hi, As regards your query you can definitely take legal steps to take appropriate recourse as per your grievance. You need to immediately consult with an expert matrimonial/family lawyer near your place.

Q: Does a married woman have a right to residence in husbands flat.

Me n my husband married in nov 2010 our son was born in 2012 oct.my husband owns a flat in navimumbai where v were residing till sep 2013 for all these years I suffered lot of mental n physical abuses from husband n inlaws n there greed for money.when things went out of control I filed a NC police intervened n v rented a flat in same society in oct 2013 where me my husband n our son resided. Still my inlaws interveing continued. Every thing was ok suddenly on 16th aug 2016 I received a notice from my husband stating he wants mutual divorce with all the false allegations on me.he stated he wont continue the rental agreement n I should vacate the house. Since that day he is not picking up my call. he has given some fake adress of residence but he is residing in his own flat vd his parents. Do I have a right to residence in my husband owned flat? If yes then how should I go for it?? my father has a flat in navimumbai in which I m a coowner but not contributed any money.i have younger sis

Advocate Siddhartha Shah answered
Hi this is with regards your query, You definitely have certain legal rights against your husband. You could definitely seek maintenance and right to accommodation for yourself and your son from your husband as per law. Kindly consult with a good divorce / matrimonia lawyer regards the issues you undergoing. Hope this should suffice your query in brief.

Q: My friend married another girl without giving divorce is it valid

My friend is married....around 1 year before...now just we know he has married another girl before 6 months in court.....so second girl is forcing first girl to leave him n blackmailing.. And i think second girl married with my friend forcelly n by saying she would die if he dont marry her....... So i want answer....which marriage is valid......is thr need for divorce with second girl...if both agree.........is the guy is faulty...he can not b legally punishable n..

Advocate Siddhartha Shah answered
This is with regards your query, No. the second marriage is not valid . As per law without taking formal divorce order from the court regards the current ongoing marriage One cannot get re married. The second marriage is void marriage and shall not be recognised as per law. You may consult a expert matrimonial lawyer to resolve your issues at the earliest.

Q: Can i get MOU signed by girls family that they are aware of my divorce

I am legally divorced.now going to marry a single girl who is not divorced. she and her sisters and mom are ready to do marriage and also aware of my divorced. Problem is that her brother and her sisters husband is not aware of this. I asked her to do notary or MOU before marrige that she is aware of all this and she is ready, Can you please advice, Should i proceed with this? should i do marriage with her in spite of her brother is not aware of my divorce?

Advocate Siddhartha Shah answered
Hi. As regards your query, you could proceed and definitely get married to this girl if she is over 18 years of age and single in status. Hope this clears your doubts. Legally the opinion of other members does not arise and there is no need for any Mou. But you could do a prenuptial agreement with your to be wife for sake of clarity on certain other issues if you want.

Q: wife wants a maintenance but I'm jobless.

I did love marriage in Dec 2009. My family was not aware about my marriage, only her family was there.....we are living together since from 4 years. We have one baby girl also. After 4 years she filed case against me for maintenance. I stopped going court, after few month I got notice that has granted permission for maintenance. I'm jobless now I can't give maintenance to her. She works and she earns good salary. Sir is there any possibility to stop this maintenance?

Advocate Siddhartha Shah answered
This is with regards your query, you need to approach an expert divorce /. Matrimonial lawyer near your place. Kindly note that you can seek courts interventions and put up your stand before the court. Yours court orders needs to be checked and preferably you can appeal against the said maintenance orders.