Advocate Abhishek Bhardwaj

Questions Answered by Advocate Abhishek Bhardwaj

Q: Divorce after 10 years of marriage is a common occurrence in India?

I have been married for 10 years and have two children, aged 8 and 3. We have trust issues, privacy concerns, interference from in-laws, lack of transparency, and many other issues. It has become impossible for me to continue adjusting and compromising. I tried for 10 years due to family pressure and for the sake of our children, but I can't continue anymore. Please guide me on a smooth separation process considering divorce after 10 years of marriage in India.

Advocate Abhishek Bhardwaj answered
hello you can file a case for divorce in which it can be settled who will take custody of children as well as final settlement for present and future settlement full and final along with that if needed you cam file a case for maintenance till the case is pending

Q: Issue of property related to father's property

My issue is , my father property is in unregistered area . There is no legalized documents of that property. As a daughter. I want my share of property . But my father is no more now ..After the death of my father . My brother's are not ready to give me my legal right ..

Advocate Abhishek Bhardwaj answered
That as you are your fathers child you can file a suit for partition based on this fact and even you dont have documents court will ask your brother to provide documents so mere not having of documents did not stopd you from taking your share

Q: Child custody needed leaving seperately

I am a dr in govt hosp. My wife is a curator in govt museum in delhi. We are leaving seperately for for than a year now. We have 2 children boy 11 yrs and girl 4 yrs. My wife has put a false case of dowry and harrasment after leaving seperately for a year. Now marriage is 12 yrs old. I have not seen my kids for a year now. How to take custody of my children.

Advocate Abhishek Bhardwaj answered
For taking custody of your children you have to file a case for child custody and in that also first the application will be filed for visitation and after getting visitation rights the final decision will be arrived in which it will be ordered by the court for giving the child custody to you or your wife as per the circumstances

Q: Please need advise for my safe future

Hello sir/Mam me and my wife going to file mutual divorce petition soon as per discussion but my problem is my wife had two date of births one is different which she gave for marriage and also written in her horoscope and another one is different which is mentioned in her educational certificates and Aadhar card, PAN Card etc so my question is which DOB should I prefer for mentioning in petition and MOU for my safe side and safe future

Advocate Abhishek Bhardwaj answered
Hello as you people were planning to file a petition for mutual divorce and you will be getting a MOU done prior to that so it will be better to write down the date of birth which is been mentioned in pan card Aadhaar card or other educational documents of your wife because it is the only authenticate documents which are being given by the registered government agencies

Q: I established a physical relationship and love affair with a married women.but I concealed I'm also

I established a physical relationship and love affair with a married women.but I concealed I'm also married.but now she found it 2 month ago and continue our relationship.but I want to leave this relationship because it was a wrong way.so we broke our relationship with her consent...but I'm worried if she file a false rape case in future.can it consider to rape??our physical relationship established with her consent and there is no promises of marriage.but I concealed my married status can It came under the rape case??

Advocate Abhishek Bhardwaj answered
Yes as you mentioned can be counted under rape and if the woman things she can file allegations against you of section 376 rape and an FII are under section 375 will be registered against you in the concerned police station