Advocate Ankit Kumar Tyagi

Questions Answered by Advocate Ankit Kumar Tyagi

Q: Divorce on the ground of denial of conjugal rights and cruelty

I am 42 years old Hindu seeking a divorce from my wife of 12 years has a daughter aged 7 years. My wife has been living at my inlaws house since 2011 at pretext of child care, her career. Off late since 2015, we are not even on talking terms. I have one question: Am I eligible to seek divorce on the basis of restitution of conjugal rights and cruelty and how tough it will be to get divorced if my wife does not agree for mutual consent divorce?

Advocate Ankit Kumar Tyagi answered
Dear concern,As per your query you are fully eligible to get a divorce and as per your question of how much tough it will be its on your will power as divorce cases take time of minimum 2-3 years and more also.

Q: What to do if whereabouts of the wife is not known

Ever since my marriage my wife has the habit of picking up quarrels with me and my parents on some pretext or the other and has left her matrimonial home on a number of occasions. Other than her short period desertions, she stayed away from me from September 2010 to July 2016 at a stretch. After repeated persuasions I managed to bring her back in July 2016. A die hard lady deserted me again just after a year in July 2017. I presume that she has been getting support of her mother and living with her through out I got her fixed as a teacher in a school and my son admitted in Class V with a hope that she would soften to some extent. To my surprise, I was informed by her school authorities that she had left her teaching job in April 2018 and at the same time obtained a TC for my son, and left for an undisclosed destination. My calls on her and her mother’s mobile number have since gone unanswered and presently, her whereabouts are not known to me. Please advise.

Advocate Ankit Kumar Tyagi answered
Hello,You should go to police station and lodge a complain of missing and tell police men to file an fIR if police denied to do so ..than you can take action and file an 156(3) complaint case in your concern court.

Q: Clarification on action against husband for physical abuse

I am married women and got married on 20th jan 2017. My husband always use to torture me mentally. M working lady and use to give him a handsome money every month then also he always ask for money and use slangs for my family and also to me. last night he was physical to me and hurted me a lot and also used slangs to me and asked to leave his house. Please suggest me as this had lead to me in Depression.

Advocate Ankit Kumar Tyagi answered
Hello ,I am sorry to listen about you,as your husband is torturing you physically mentally so you should file a complaint against him otherwise it will increase day by day..go to your nearest women cell and lodge a complaint.

Q: Procedure for filing mental harassment case against neighbour

My neighbour is giving me continously verbally life threat ,using abusive language on and off, i have already submitted my application to delhi police but due to strong political connections my neighbour is misguiding and every alternate day harrasing me...my health is also effecting because of taking so much stress, my dr also mentioned that i am having hugr stress, pls advise where i can file case against my neigbour for mentally harrasement

Advocate Ankit Kumar Tyagi answered
Hello,As you told in your query that you already gave an application in your concern that is your area police station but to forget to tell what reaction did police took on your complain also if police is not taking action you have an option of 156(3) you can file it in court.

Q: Husband and his family harassing want to file for divorce

I want to apply for divorce due to problem btw me n husband. So my family as house arrested me.. And for every ten days they r changing my place. They keep always door locked n keep keys wit them. How to file a complaint n come out of the house. I want to stay in hostel with my daughter n my husband is threatening me tat he ll nt allow me to stay n hostel n he ll create a problem in front of hostel n he says that law ll my allow u to stay in hostel as husband is alive

Advocate Ankit Kumar Tyagi answered
Hi its a utter shock for me that you are facing such a harrasment but as i can see you have a mail access with you or you are carrying phone ,you just need to call 100 and lodge a complaint of harrasment and forcefully restraining you.