Advocate Abhijeet S.K

Questions Answered by Advocate Abhijeet S.K (50+ answers)

Q: Usually how long it takes for divorce if husband files Petition first?

usually how long it takes for divorce if husband files divorce petition first? what are the pros and cons ? In my case wife has called for 1st councelling after filing 498A section, we attended, she asked second councelling again and she didnt come and we didnt go as well. Now, FIR is pending and not processed yet. How can i quash this as FIR not lodged yet? i m planning to file divorce petition first (based on compatibility issues, cruality) and fight for divorce. please advice is it a right move and provide suggestion.

Advocate Abhijeet S.K answered
Generally it will take 1-2 year for divorce, the consequences are ego clashes that why you approached the court first ! Before registration of an FIR the police will try to assess what went wrong and also if the veracity of the allegations are grave then they will register an FIR! IN order to seek quashing of the FIR one has to see the genuiness of the complaint and it's allegations! in order to give u the best suggestion, need to discuss in detail!

Q: Wife filed 498A section against me and family..................,.,....

Wife filed 498A section against me and family, 1st councelling attended and next councelling she has not come, FIR is pending. I am thinking to file a divorce petition since she is keeping quiet and I don't want to continue this relationship as she tortured my 2 years of life and my family. Please provide suggestion for the move?

Advocate Abhijeet S.K answered
Take a concious decision! First go for quashing of the FIR before high court if there are sufficient grounds and in addition to that you issue a legal notice calling upon her for divorce and file a divorce petition ! It's is advised to apprise full facts to give u best advice and visit office!

Q: P1-Owner > P2-GPA Holder > P3- GPA holder Registered Me(1996).

P2-GPA holder sold(registered) me-P3 property in 1996. P1-Owner is no more now, but P1 has 5 daughter's. Do they have any rights on the property?All 5 daughter's have signed a notary stating "they will not make any dispute further " in 2006.I am having got registered from GPA holder.Please suggest, whether the 5 daughter's and there children's have any rights on the property.

Advocate Abhijeet S.K answered
you have to apprise the proper facts in order to give u the best advice! from the above its quite difficult to suggest! you have to apprise the proper facts in order to give u the best advice! from the above its quite difficult to suggest!

Q: Forcing to give Divorce for the property issues in the family

Dear Madam/ Sir, I got arranged marriage on June 20, 2018. My father had spoken everything that he is having good status & assets to lead a life. By seeing our home they agreed to fix the marriage. But i never promised that i have asset in my name. But she asked me before that you are a engineer & have a less salary. But i told her we have our house which we get the rent, if any shortage means we can use it. Before our engagement, I have asked her about that is she ready to get marry me..? Because I didn't want a forceful marriage. As her agree we had a Baby girl on 07.08.2019. But from the date of marriage she is telling I didn't like you & you and your family is not good, so i need a divorce to stay happily. She is telling that i can't lead a life with you by seeing your face. in the 2 years of married life we stayed for only 5 Months. Even today she called me & forcing to give the mutual divorce. Please suggest me what to do.

Advocate Abhijeet S.K answered
if you don't like to go for divorce, then you can issue a legal notice for restitution of conjugal rights and then file a case for restitution! if you don't like to go for divorce, then you can issue a legal notice for restitution of conjugal rights and then file a case for restitution!

Q: Desertion by wife under Muslim marriage

Hello respected lawyersMy wife and I got married in November 2018. My wife left my home in April 2019. We have not been in contact ever since. I came to know in April 2020 that she left India in Oct 2019.We are married as per Muslim customs. Since the community to which I belong to has a tribunal of its own for arbitration, I have filed for a divorce in the tribunal. The proceedings are taking time. My questions are: 1. Is it illegal to go abroad without informing his/her spouse? Can I file a case for that?2. Can I file a divorce petition as per Indian laws based on desertion by my wife? Because I'm not sure when the case in the tribunal would be resolved.Please guide.

Advocate Abhijeet S.K answered
There are two categories of divorce under the Muslim law:1.) Extra judicial divorce, and2.) Judicial divorceThe category of extra judicial divorce can be further subdivided into three types, namely,# By husband- talaaq, ila, and zihar.# By wife- talaaq-i-tafweez, lian.# By mutual agreement- khula and mubarat.