Advocate Abhaysinh Kashinath Bhosle

Questions Answered by Advocate Abhaysinh Kashinath Bhosle

Q: divorce case missing husband how to handle it

I m not living with my husband since past 1 and half year. In Oct 2016 I filed a divorce case but in Sept 2016 he left the message and left his house. We were not living together tat time. And I was expecting ex parte divorce. But in last hearing tat was in 18 April 2017. His brother had sent an application with his lawyer to ask permission to fight case in his behalf. And judge accepted it. What will happen next? Can someone guide me? When will I get divorce?

Advocate Abhaysinh Kashinath Bhosle answered
His brother has no locus standi to plead on his behalf. Divorce case is too personal as liabilities are for the spouses. You challenge order of court allowing his brother to defend case. And ask additional prayer of proceeding matter ex parte

Q: Husband has extramarital affair, treats me badly & mentally tortures

Sir I'm married from last 10 years n have one son 8 year.from last 3 years my husband was in extramarital relation with to b divorced lady works in same company.i came to know abt this in mar2016 so he was denying but our son was with him once he visited to resort with lady so son witnessed n told me this woman.he many times hit me n given shit words n for 6 months he was sleeping in hall not with me.many times wen w argue he tells he is in relation just bcoz of son else he wud have thrown me.now a days that lady started in our nearest area n he used to go to same office wen I cam to know I done nc against husband n lady saying I hav threat from both n same day women cell i complained but after that he send me notice n 10 pages all against me n my behaviour.i have not replied neither received but in women cell he given in written he won't b in contact bto that lady days he received call from her from office number.i think he is waiting for my son to b 10 yrs.do he get custody.

Advocate Abhaysinh Kashinath Bhosle answered
You can file application for divorce as well as complaints under various provisions of penal code and protection of women from the domestic violence act. For custody also court will consider your prayer as per provisions of guardianship and wards act

Q: My husband is alcoholic and had abused me physically and verbally

My husband is alcoholic and had abused me physically and verbally many tomes I have all the evidences against him.I have 9 years old son.even his school fees is pending since last 3 years. Right now I am staying at my parents house with my son.Even my son has not gone to school since last 3 months.I am a housewife but he is running a business in my name.He had tried to call me back through my friend.But sometimes considering my childs future I feel I should go back but me and my parents are worried that again he can repeat the samething.Please suggest me what should I do to protect me and my son if we go back or how much time it will take to get divorce and will I get maintenance for me and my child as he is running business in my name.

Advocate Abhaysinh Kashinath Bhosle answered
You can file complaint against him under section 498-A of IPC and other relevent provisions of penal code even you can file complaint under the provisions of protection of woman from domestic violence act

Q: Husband separating me from my child, sent a divorce notice, what to do

My husband has sent divorce petition at my moms place and I do not stay with them.the person was forcing my mom to sign it, but she didn't. My husband is right now in usa. He left on 16th Feb with my son in spite of telling him that he stays with me or I come with you if he is going, but ignoring all that he took my son.he was in India for nearly 5 months during which he didn't sent the divorce petition and once he left the petition has come to us.the date to appear in the court is 22nd March and for sure he will not be coming. So what should be the action taken by me.he persuaded my son that if he comes with him he would buy him an xbox 1st, which he did last Saturday. My son is 11 yrs. I want to be with my son.we have been married for 14yrs.pls advice. He doesnt allow me in his house where he stays with his mom.highly influenced by his mom &sister who want to break the family.i m staying alone for past 4 months and without a job, but he hasnt provided any kind of support. HThanks.

Advocate Abhaysinh Kashinath Bhosle answered
Its your right to have son with you as we are guided by Guardian and Wards Act for deciding custody rights of child.. however i will suggest you that you should file an application in the proceedings of divorce for deciding rights over child custody.. moreover there are different modes and methods to compell your husband for attending court proceedings..

Q: I don't want to give divorce to my husband

Hindu marriage ... my husband wants divorce but I don't want to give. My family keept on threatening them by given application to some social activists and different worst things.. I recently have put false allegations on my father in law but still there is no any output.. now that family has collected all the proofs and have some audio recordings also ..i Did this bcoz of my family. I want to go back I don't want to give divorce. What if he files for divorce now?

Advocate Abhaysinh Kashinath Bhosle answered
Anyways if relationship is sour then you should not stretch it till it breaks but if your husband files divorce on the basis of cruelty then you have only option to apologize and convince him and his family by all means and ways possible for you