Advocate Aman Gaurav

Questions Answered by Advocate Aman Gaurav

Q: Validity of divorce if alimony installment pending

I am Rajni. I am divorce. I am going to be married to a person who is divorce But he is saying that he has taken divorce but the last installment left to pay to a wife beside it he is also saying that his case is going on a higt court. Can u suggest me boys divorce is valid 2) why is case is going on high court

Advocate Aman Gaurav answered
Hi rajni, As per Indian matrimonial laws every man and women have equal right to get the divorce as per their convenient. As facts you mentioned here, if he has already settled his issues and got one motion of divorce as per mutual consent divorce. So there is second motion is remaing and when he pays that money I will get the divorce.

Q: Husband's family abusing what action can I take

Sir i was married w acc to hindu religion.he is an army person..upto 1 year of marriage everything was going well but after this he and his family members started to abuse me and my family oftenly..when it became unbearable i had to escape when my second child was about to born.. Now i m living at my parental home and i hv no source of income..i hv two female child with me...plz suggest me what can i do.. I m very much afraid and hopeless...

Advocate Aman Gaurav answered
As per matrimonial laws you have a right to demand maintenance for you and your children too. And remedy for safe your self and your children file a domestic complaint before the metropolitan magistrate of your area where you currently residing with your parents. Maintenance is your legal right and your husband has obligation to maintain you and your children if he failed to do, so you should take legal action to protect your legal rights.

Q: Grandfather ki property m 50% ke liye case file kar sakta hu?

Sir m abhi jis ghar m rahte hu wo mere grandfather ke naam se h and m apni family m akela hu father mother brother sisters koi nhi h and m Kareem 15 saal se apne chacha chachi ke sath rahte hu, mere grandfather ne property kisi ke bhi naam se nhi ki par mere chacha JI ki death ke baat unke bachho ne ye ghar chachi JI ke naam karwa diya h or paper mangne par dikhate bhi nhi h. 100 gaj ka ghar h 3 floor bane h shuru se ghar ke 2 floor rent per diye hue the or sara rent chachi JI apne haat n rakhti h ap meri shadi k baad wo mujhe sirf 1 floor rahne ke liye de rahi h usme bhi khud wo khud sath rahti h,floor apne naam karne ko kahta hu to koi jawab nhi dete. Kya h 50% ke liye case kar sakta hu, kya mere hak m h case.plz guide kijiye m Bohot pareshan hu hame Bohot pareshan karte h ye Sara kharcha mere sir par h .

Advocate Aman Gaurav answered
Yes, as per hindu succession act u have legal right to demand partition. U must file a suit for possession before the court of law at where there is property situated. Don't wait for it and file a civil suit for your own legal right otherwise u will fail to get it.

Q: Staying separate from 2 years can i claim maintenance and stridhan

Hi, This is the case for my sister who has been living with us since 2 years. Her husband was having some mental what sister stop bearing after 3 years of marriage. She has a baby boy of 2 years old. We have already filed a case against him but the proceedings are on its way. As he is not ready to give divorce and she is living with us, will he be liable to pay for her expenses since the divorce is not done ? As they have not returned even the stridhan yet what are the proceedings for the same. Please advise,

Advocate Aman Gaurav answered
Yes, as per hindu marriage act 1955, & under section 125 of Cr.Pc. your sister has statutory rights to demand maintenance from her husband for her children and herself. There is no limitation of time.

Q: Husband has adulterous relationship with his sister and has left me

My husband has cheated me with his sister, left me one year back, took my son 2years back and blackmailing me to stay away from my child. No maintenance,, has beaten me multiple times, always demanded money and gifts, require legal advice

Advocate Aman Gaurav answered
You should approach the family court and file maintenance criminal complaint under section 125 Cr.PC. you may also make a complaint for adultery before the Hon'ble court of Law to punish him for his illegal act.