Advocate Amreen Shah

Questions Answered by Advocate Amreen Shah

Q: Alcoholic and abusive partner is allowed to see kids

After marriage I realized my husband is a chronic alcoholic, he gets violent,abusive, constantly insult & taunt me and my parents.daily he mentally and physically tortures me and use verbal abuses for me & kids, seeing all this my elder son was under fear and stress. Last year onwards me & kids started staying with my parents. I was showing kids on video call, but from last month I am not showing kids on call. Will it affect on child custody, as I had already filed divorce & dv.i don't trust his

Advocate Amreen Shah answered
A father being a natural guardiqn has a right to access to his children but custody is decided seeing the welfare of the kids.I f the kids are safe n well taken care by the mother then custody remains with her n father has to pay maintainence to the children regularly failing to which he can be arrested.

Q: Divorce / Ailmony / Compensation

Mumbai based wife filed divorce based on cruelty in 2020 claiming hefty ailmony & compensation in HMA with a short lived marriage of just 6 days of 2019. Hefty Ailmony is claimed only on the ground of my past foreign earnings. Q: How court decides ailmony? current earnings or past earnings?Q: She is highly qualified woman with 15 years of IVF experience in Mumbai left her high paying job to freelancer to claim maintenance. Is she entitled to maintenance u/s 24 hma?Thanks for helping me.

Advocate Amreen Shah answered
Hi, Before deciding the amount of alimony of maintainence to a wife in either Domestic violence case or Hindu Marriage act ,The Petitioner and the Respondent both have to file their Assets and Liabilities statements with reference to Rajneesh v/s Neha judgement. I n that apst 3 years income n expenses are to be filed and then the amount is decided. Provided if a wife being educated and not working then there are many judgements wherein she is being denied maintainence amount.

Q: How to file a case and get divorce as my wife is married to other guy

I have been married for 4 years and my wife and stay seperate from each other past 1 yearNow she has extramarital affairs and got married to him But she is still married to me How can I proceed ? What section case can I file against her ?Can I get a divorce without giving alimony?How to get divorce in this situation ?

Advocate Amreen Shah answered
Yes you can file divorce in Family court on the grounds of cheating.Secondly,Her second marriage is void ab initio as you are still married not Divorced legally through Court of Law.As a part of Evidence you will need her photos or some witness of her second marriage.

Q: Chq bounce consultancy required

Need suggestion on section 138. Want to know on chq bounce in mutual money given by friend no business transaction

Advocate Amreen Shah answered
Firstly,you have to give detailed information to get accurate legal remedy.Secondly under section 138 of Negotiable Instruments Act,Case can be file only if cheque is deposited within 3 months of issuing of cheque. You should bak memo stating insufficient funds in the bank account.If these conditions are fulfilled and You can give bank details of your account reflecting the bank transactions for filing a case.

Q: I would like to discontinue my marriage

Me and my girl friend in physical relationship.I dont have any commitments to marry with her.They come with posion in my house and shout loudly. Due to aligation of rape on that time im marry that girls in mandir . This temple was not registered. Or not they given any type of. Certificate. I would like to discontinue this marriage plz suggest me.

Advocate Amreen Shah answered
You have to answer few questions first:-1)How long are you married2)what is the proof of your marriage3)Reason for Divorce now??4)where do u both reside?There are many issues which need to checked before you file Divorce, once that is sorted you can file for Divorce.