Advocate Amit Antil

Questions Answered by Advocate Amit Antil

Q: How to do second marriage without divorce

My divorce case is in court but it’s taking lot of time i am growing older my wife is not agreeing for mutual divorce. Is their any circumstance where i can do second marriage and still fight for divorce in court

Advocate Amit Antil answered
you can not legally marry to other woman if you are already married and divorce case is still pending. You can settle youe case and file for mutual consent divorce to make process faster. Contact for more advice

Q: Confusing by my Lawyer amit chaudhary and Jyoti yadav

My sister case No. HRGR030199442025 is there in Gurgaon court and advocate amit chaoudhary has confused us. She want setllement but he is denying us to settle now what to do please guide us.

Advocate Amit Antil answered
Your sister has full right to settle her case at any stage. An advocate cannot force or stop settlement against the client’s instructions. She may change her lawyer by filing a Vakalatnama through another advocate and inform the court. Settlement can be recorded through mutual consent or mediation before the court.

Q: For trivial reasons,should you complain or should you forget and move

Like let's say someone slaps you.Should you pursue it legally and try to punish the perpetrator or should you forget and move on?What would you do ?

Advocate Amit Antil answered
If someone slap you, it attracts section 323 IPC that is punishment foe hurt. You can file a written complaint before concern police station as per the jurisdiction. Contact for more adviceRegards Adv Amit Antil

Q: Child outside Wedlock/ Removal of mothers name

For a child born outside marriage/wedlock .... if father is upbringing the child as a single parent Can Mother's name be removed from Birth certificate and child have passport with only fathers name

Advocate Amit Antil answered
Under Indian law, the mother’s name cannot normally be removed from a child’s birth certificate just because the father is raising the child alone. The birth certificate is governed by the Registration of Births and Deaths Act, 1969, and entries can be changed only to correct errors or by court order. However, for a passport, it is possible to mention only the father’s name if he is a single parent or has sole custody. The passport authority may allow this as per its guidelines. But this does not automatically change or delete the mother’s name from the birth record.RegardsAdv Amit Antil

Q: Setting aside ex-parte divorce in Delhi while wife resides in Assam.

I am the wife. My husband has filed a divorce case against me in Delhi on the ground of cruelty.I am residing in Assam. My father has passed away, and I have no independent source of income or financial support to travel to Delhi frequently.Due to distance and financial hardship, I could not appear before the Delhi court, and now the matter has proceeded ex-parte against me.Meanwhile, I have filed a Domestic Violence case and a Maintenance case in Assam. In the DV case, police investigation has been completed and the report has been submitted before the court, where findings are against my husband.I had engaged another lawyer in Delhi to protect my interest, but unfortunately he is not properly communicating with me.Now I want to know:How can I set aside the ex-parte proceedings in the divorce case?Will the pendency of DV and maintenance proceedings in Assam, and the police report against my husband, help my case?Kindly guide me regarding the proper legal remedy and procedure.

Advocate Amit Antil answered
If decree is not yet passed and only ex-parte proceedings have started, file an application under Order IX Rule 7 CPC before the same Family Court immediately. There is no fixed limitation period, but it must be filed before final judgment. You must show sufficient cause for earlier non-appearance. After judgment, remedy shifts to Order IX Rule 13 CPC.Contact for more advice Regards Adv Amit Antil