Advocate Ajay Shakti Goyal

Questions Answered by Advocate Ajay Shakti Goyal (25+ answers)

Q: How can one seek relief under Section 9 of the Hindu Marriage Act?

I left my husband's home approximately one and a half years ago after he and my in-laws assaulted me in front of neighbors. My son and I have been living with my mother since then. Two months ago, my husband filed a case against me under Section 9 of the Hindu Marriage Act. There are ongoing cases under the Domestic Violence Act where he and his family have been found guilty, and they also face FIRs. Please advise, as there doesn't seem to be any basis for the Section 9 filing.

Advocate Ajay Shakti Goyal answered
if you have already filed a case under d.v. act and FIR is also pending against your in-laws and section 9 case which has been file from the side of your husband after the cases filed by youself, then in that case you need not to worry contest that case and it will not going to effect your pending cases.

Q: Legal procedure for wife to file for divorce & claim for maintenance

Want 2 take divorce frm my husband because of no mutual understanding. Hav 2 kids.want to b with my kids.is dere any chance of getting maintenance from husbnd.

Advocate Ajay Shakti Goyal answered
Definitely you can proceed for divorce and maintenance, however I’m my opinion firstly you should apply for maintenance under section 125 crpc and the court will order interim maintenance for yourself and your children. You have no cleared whether you are working or not as it has to be cleared before filing maintenance case, in case your are earning person you cannot claim for yourself but still you can demand compensation for your children in regard to divorce case there are several grounds on which the case can be filed and one of the main is cruelty as I fell your case would be filed under the ground of cruelty.

Q: False case of section 498a, 506, 342,323,34

My wife filed a false FIR against me, my parents and my married sister on 18'th May 2017. I've been married for 15 years & have a 10 year old daughter. Currently the police has filed the final report in which they have not framed any charges against my parent & sister and have dropped IPC 34 against me. The report clearly says that charges are on the basis of trust on statement by witnesses (wife's parents). The charges are false and police report appears weak. I've been granted regular bail with no restrictions. 3 hearings have already happened and no one turned up from complainant side for first 2 hearings and the PP also did not say anything. Judge reserved the 3rd date for pronouncement of orders but the complainant turned up with lawyer and requested for mediation. Mediation is scheduled for this week. Please suggest how to proceed. Also, I'm only allowed to meet my child and time and place of wife's choice. How can I get rightful access to my child? No divorce filed.

Advocate Ajay Shakti Goyal answered
it is now to be decided by you that whether you want to have the matrimonial ties with your wife or not. In regard to your child you can seek custody in civil courts, the application alongwith the case can be filed for meeting the child. I would suggest if things can be made better you should go for mediation, however you have not written the matters on which all this problem arose after such a long gap, but sill you should go for mediation and of you feel that nothing fruitful result can be revealed, go for seeking custody.

Q: How can i take divorce and child custardy if husband is in abroad

As I m staying in laws house and I want my daughter custody and expenses.i m working women and I want divorce also what step I should do .my husband not care for me or my child this year I have seen many photos of other girl.i have completed 12 years of marriage.since 5 he stated giving money He is abroad ?

Advocate Ajay Shakti Goyal answered
Though otherwise Being lawyer I rarely advise my clients for divorce but still answering your query take a deep breath and go for this step. It hardly matters wherever u stay u can proceed for this step, desertion is the best ground for yr separation. More over as u have stated that he is living in adultery this can be one another ground, further more u can ask for compensation even, it's not that u r working u cannot claim so, and u can seek compensation for your child even. So if there are no chances for amicable settlement go for it

Q: My husband wants divorce from me but I don't want to

My husband wants divorce from me. He didn't give me alimony.He wanted to prove my son as nt his.I have an elder daughter also.that he consider his.I don't want to take divorce. What can I do. I'm working.

Advocate Ajay Shakti Goyal answered
u have not disclosed whether u r presently living separately or with him. secondly he has to file a case for divorce and by just saying it dosent happen. thirdly u have to file a case for maintenance for alimony. In case u r working u have to show that your salary is quite less to maintain your household and still on the behalf of your children you can claim maintenance