Advocate Aman Chawla

Questions Answered by Advocate Aman Chawla

Q: Custody of a Child and Filing Case In Other State

My wife resides in other state with her family, she filed a case 125c against me. We are living separately from the past one year, I just want to know that can I file a case of custody of baby girl in my state.

Advocate Aman Chawla answered
No, you can not child custody case here, because as per section 9 of Guardians and wards act, 1980 .. the child custody case can only be filed in the place where the child ordinarily resides. Regards,Aman Chawla

Q: Mutual consent divorce - all money paid - wife is not appearing

We have filed mutual consent divorce under section 13b in July 2018. After 6 months, our date was in Jan 19. We paid her everything, cash, jewelry and other things. She is not appeared before court twice. She is harassing. I live abroad and every time I am visiting India for the signing. 1. Can family court issue summon notice to her asking her to come to appear as we have filed mutual consent?2. Is there any judgement on this subject from any court?3. Is there any way I can get divorce without further harassment?4. Me and my family want to come out of this without filing further cases on them as we want peace of mind.

Advocate Aman Chawla answered
So there is recent judgement which says that a family court can not ask the person to come forward for the mutual consent. She has a right to withdraw the consent at any time before the Divorce decree pass As per Delhi High court judgement All you can do is file a contempt petition in Family court or in High court. and it is categorically laid down laid down in this judgment that the defaulting party must have to return the benefits and advantages that were taken from the terms of the settlement or given at the time of the first motion. It simply implies that the case or status would go the same stage where it was prior to the execution of the agreement or statement given during first motion under section 13(B) (1) of the Hindu Marriage Act. In legal parlance, it may be understood as ‘status quo ante’.  Regards,Aman Chawla

Q: Father to apply for child custody of 6+ years old

I would like to file for child custody of 6+ years old child who is currently living in the UK and moving to India at Ghaziabad/NCR region. I am the biological father and we have been divorced here in the UK and would be looking to move permanently to the Delhi NCR region. I would like to know do you deal with cases like this and what is the success ratio. And can you please describe the procedure of how you are going to do this?Thirdly an estimated cost from filing the application to getting the custody of the child. Looking forward to hearing from you!

Advocate Aman Chawla answered
So, you can file a case for custody where your child ordinary resides. You can show a good parenting plan in court for the better future of the child. In parenting plan you can show how you can put yours efforts in maintaining the child, how you can contribute to his education, to his development. Just ask for visitation rights in starting, then once the child feel comfortable with you ask for a day out with the child, then go for a overnight stay with the child and at last the custody .By showing a good parenting plan help you in getting all these rights. Because in the last the court has to consider the best for the child . The Paramount consideration in child custody matters are the welfare of the child Regards,Aman Chawla

Q: Adultery still applicable in India

I am female 31 married my friend likes me and this was obvious from his chats.We used to meet like nrml friends and tlk a lot ,i never instigated his feelings .He used to openly declare them on chat bt i never replied to them.Now his marriage is on verge of breaking coz of companionshp issues.His spouse sister somehow has taken out his chats wid me and called me to inform that she knws i m involved wid my friend and it s a case of adultery.Just want to know can these chats be used against me if they file for divorce or ny other case against my feiend.Can they drag me to court only on the basis of chats.Can they punish me or my friend for extra marital affair

Advocate Aman Chawla answered
Adultery is no more a criminal office as declared by Hon'ble supreme court but it can be a ground for divorce under section 13(1) (i) in Hindu Marriage Act. They can make you as second party in the case .. and you will also get served with the court summons . You need to file your reply as well in the court of law. It can harm your image only but now there is no punishment for Adultery Regards, Aman Chawla

Q: my in laws and husband harassing me

My husband put the blame that i forced him for this marriage.. we got married 3 years back and we were in live in relationship for 7-8 month before marriage.. and i got pregnant after 4 months and I lost my baby in physical violence because he was pressurising me for abortion .. and I refused.. I am a victim he use to demand money and use to blackmail me for divorce.. all of the sudden he starated putting blame on me that this was the forced marriage as I was never ever ready for this.. and he is doing all this bcos he is dating someone and in relation with so many girls through tinder? M in shock because he use to beat me up and misuse my phone .. i saw chats which i never did. he filed the divorce on the ground of adultery .. how I prove that m innocent.. I mean he planned so good like a movie.. I m in deep depression that how I mean a husband can be so disgusting? And his family is the part of this shit

Advocate Aman Chawla answered
Mam, First of all through messages one can not prove adultery in court of law . Now it's high time for you to decide wheather you want to be with him or not .. If 'No' then you can file Domestic Violence case against him and against his family members . If 'Yes' then file Restitution of conjugal rights .. and moreover over if he had filed divorce, then you should file an application U/S 24 for getting maintenance. Thanks,RegardsAman Chawla