Advocate Ashwini Deshmukh Salunkhe

Questions Answered by Advocate Ashwini Deshmukh Salunkhe

Q: My divorce petition case is pending at Civil Court Senior Division for past 3.5 years, i didn't rece

My divorce petition case is pending at Civil Court Senior Division for past 3.5 years, i didn't receive written statement from the respondent. The judge is not proceeding the case other then adjournment to the case , what should be the next step to proceed case and also inform me the step to transfer the case within same district court to different judge.

Advocate Ashwini Deshmukh Salunkhe answered
hello Is this The Protection of Women from Domestic Violence Act, 2005 .. which court is this pending . and if you have filed case unde DV then it will come under section 498. verbal and emotional abuse” includes—(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.regards

Q: My wife file Divorce case HMA 13a. It is a contested Div. The trail in Progress in Family Court. As

My wife file Divorce case HMA 13a. It is a contested Div. The trail in Progress in Family Court. As of today my wife cant submit valid proof to substantiate her Claim. But someone told me that If wife wnats Divorce cOURT WILL CONSIDER THAT and pass the Decree. Also, my wife is not allowing to see my child . I am sure she doesn't has nay proof to claim her stand.

Advocate Ashwini Deshmukh Salunkhe answered
hello... if ur wife not allowing to see ur child den take an order from court. the decree is passed without being represented by a lawyer, or even in the absence of a spouse. As per the legal procedure, the petitioner's lawyer serves the legal notice(s) through the court to the opponent absentee party.

Q: I have received my judgement copy and divorce decree, but on the second page where ( reasons, order

I have received my judgement copy and divorce decree, but on the second page where ( reasons, order mentioned). nMe and my ex wife name is showing incorrect spelling mistake. It's a clerical error from courts end.I have to apply for my passport should i rectify the error or it shouldn't be a problem to ignore.

Advocate Ashwini Deshmukh Salunkhe answered
1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act: Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.

Q: Source Original Decree of Divorce

Hello, I need someone to collect the original divorce decree from Family Court, Bandra.

Advocate Ashwini Deshmukh Salunkhe answered
hi.. u want ur decree copy but i need the details for the same if u provide then I can give u (family court, special court designed to deal with legal problems arising out of family relations. The family court is usually a consolidation of several types of courts dealing with narrower family problems, such as children's courts and orphans' courts.)date of divorcen no of case which u have filed thanks regards

Q: Need legal help for my child rights in-laws are mistreated him hating

My husband and me got married via love marriage in 2012 though it was not registered marriage.We solemanization marriage before my family and friendsnHis parents never accepted our marriage due to continue desputes I am staying away from my husband at my parents place but we stay Nd meet after 5 6 months as and when we get time we have a son who is 9 years old now nMy in-laws never call meet my child never asked my husband to get him at his home when u ask him to make my son meet them he denies nCoz of this my son image in society may get spoiled as never my in-laws met him I asked them to come and meet my child once so that all people see meet them and my child image is nt spoiled but they are not ready they hate my child but my husband doesn't say them anything simce his parents were not present in our marriage what can I do for my child in this case is there any legal way through which they will meet him atleast once and my child image his future is not questioned

Advocate Ashwini Deshmukh Salunkhe answered
restitution of conjugal rights can be enforced by the attachment of property, and if the party complained against still does not comply, the Court may also punish him or her for contempt of court. But under no circumstances the court can force the erring spouse to consummate marriage.u can file case for ur rights