Advocate Athiban

Questions Answered by Advocate Athiban

Q: Who should file divorce first and how much maintenance

i got married in the 2013 and blessed with baby girl 2014.after that my wife purposely fight with me and went out. i am NRI now and she filed maintenance case and due to my disappearance in the court case was rejected. now my lawyer told that we can apply divorce. they tortured me like anything without showing my daughter. shall i file a divorce now and how much i have to pay as maintenance (She is working as professor now)

Advocate Athiban answered
Preventing to meet your daughter is cruelty and that can be a ground for divorce. However maintenance differs from case to case depending on the custody of the child and the economic condition of the wife. In your case you'll have to decide whether to fight for custody. If your wife takes sole custody of the child then you'll have to pay for the maintenance of your child too

Q: What should I do if my husband was already married before marrying me

My husband has cheated on me. He kept me in dark and convinced me and my family for our marriage to happen. He was already married in 22nd Feb 2016 and didn't disclosed this fact with us. Our marriage was not a forced marriage. This match came through my maternal uncle and after that this guy was back of me like anything (July 2016 to march 2017). Finally we got married on 10 th March 2017 and within 6 months of our marriage I started knowing the fact. Please suggest me what should I do in this situation. Any sort of suggestion will be helpful. Thanks

Advocate Athiban answered
What your husband did was a criminal offence. Bigamy is both an offence against Marriage ( Per Hindu Marriage Act, ) as well as a Penal Offence ( under IPC ). If your husband was already married at the time of your marriage, then it makes your marriage void. TYou can file a case of bigamy either in the magistrate court or at the police station. Your father can also lodge a complaint under section 494/495 of the Indian Penal Code. Complaint for cheating can be filed under section 415 of IPCYou can also file a petition for declaring your as void in the family Court.

Q: Can a Defamation Suit be filed on the ground of suspicion

A friend of mine is a honest officer. As he is strict, he is facing a barrage of frivolous and scandalous petitions sent either anonymously or pseudonymously. These petitions are an insider job and he suspects a couple of persons. Now he would like to know what legal remedy is available to him. Can he file defamation against the said couple of persons based on suspicion? Can he file an FIR?

Advocate Athiban answered
You cannot file a defamation suit without proof of the person who committed it. You need to have specific defendants arrayed and it cannot be based on mere assumption. But you can lodge a criminal complaint and point out persons whom you think are suspicious.

Q: How to get divorce if husband is missing

My husband left me before four years, no contact till now and j don't know his address or anything, how can I apply for legal separation.

Advocate Athiban answered
Desertion is a valid ground for divorce. Under the Hindu law, section 13 (1) (ib)2 of the Hindu Marriage Act, 1955 mentions desertion as a ground for divorce. What the section provides for is that the party needs to have deserted the petitioner for a continuous that is to say, uninterrupted period of not less than 2 years immediately after which petition is presented.3It can thus be inferred that the clause provides for 2 basic necessities to be fulfilled in order to make desertion as a ground for divorce; firstly that such desertion or separation must be for a continuous period of minimum 2 years; and secondly, such period of 2 years should be in immediate continuity with time of presentation of such petition. To make it more clear there should not be a gap between the period of 2 years and presentation of the petition. Since both the conditions are fulfilled in your case, you can directly apply for divorce and get it done with relative ease.

Q: Can I get a divorce if I am unhappy with my wife

I have married 1 yr back,now my wife went for 1st baby delivery,from the time of marriage until now so many problem with my wife and her family,now she asking to through my parents,i dnt want to live with her in future,please advice the legal things for this

Advocate Athiban answered
Best advice for you is to try and talk to your wife if she feels the same way.If she also doesn't live with you anymore, then that's good news for you. You both can file for divorce through mutual consent. That's a much hasslefree process. You'll have to work out custody of your children and monthly payments to your wife and children if any.But if she doesn't feel the same way and decides to contest the divorce, then it's difficult for you. You'll have to satisfy any of the grounds for divorce and that's easier said than done