Advocate Ajay Vikram Singh

Questions Answered by Advocate Ajay Vikram Singh

Q: Divorce case . Advice for a helpless single girl.

Sir, I am living in mumbai now . My husband is from delhi . He had sent me divorce notice from delhi tis hazari court in 2013 november & march 2014 but due to personal matters i couldnt go to court. infact my dad didnt supported me... now it has more than 1 year i have no clue what happend in court. Now that guy is ruining some other girls life by claming false allegation against me and taking sympathy sir i am all alone widout any support of any one financially & mentally. Pls guide me what should i do ?

Advocate Ajay Vikram Singh answered
You can approach the Legal Aid Committee in the Court of your local jurisdiction for initiating proceedings u/s 125 of the Code of Criminal Procedure for your maintenance. You need not pay any fee there. They are there to help the financially weaker section. You can also approach the Supreme Court Legal Aid Committee and get the said case pending in Tis Hazari Court transferred to the Court under whose territorial jurisdiction you reside in Mumbai.Additionally you can also try to contact that girl and try to make her understand the truth by meeting her or writing to her. Hope she being a girl will understand.

Q: Should i file for divorce first or wait for my wife to file against me

Hi as my love marrriage is abt to break due to lot of interference in my family life .i was married in nov 2014 n since then i am staying at my inlaws another flat n paying rent to them as a result they keep interfering in my family and now when i decided to move to my home town they influenced her n want a settlement for divorce which they demanded is not valid . warning me about legal action on me wat should i do. wat if they drag me in 498a .as it was love marriage wat evr they gave her daughter is with them n they only abusing me n my family ..please assist

Advocate Ajay Vikram Singh answered
First of all none of you can file for divorce until the expiration of 1 year of your marriage. As you marital period is very short, I think you should first explore the possibilities of giving your spouse a chance. You should talk to your wife on the issue. May be you can go out for a vacation and spend sometime together and discuss the issue with her there with a calm and composed mind. Take her into confidence, show your love and care to her. Make her believe that the step your are taking is the best for your career and relationships. I would never advice you to go for divorce at this stage. From the limited information shared by you it is clear that it is your in-laws who are creating problems and not your wife. As long as your partner is not against you, there is no point taking extreme steps. Also regarding your apprehension of false prosecution u/s 498A, the recent Supreme Court Judgement {Arnesh Kumar Vs. State of Bihar] has given a lot of relief to the husbands and his relatives against arrest in cases involving punishment of less than 7 years. So such a case would not mandate a compulsory arrest.