Advocate Babita

Questions Answered by Advocate Babita (200+ answers)

Q: MCD without MoU and with only 13B petition.

In MCD, Adv of my wife was stringently denying to have an explicit MoU and saying the judge that all the points are already in petition when I asked the judge that I want an MoU along with petition. Judge is also suggesting it is not required. I would like to know whether without MoU, just relying on Petition and on chief of evidence affidavit creates any problem in future? Let's say all the important waiving off points and alimony terms are clear in petition. Will I be in trouble in futur?

Advocate Babita answered
In response to your query “In MCD, Adv of my wife was stringently denying to have an explicit MoU and saying the judge that all the points are already in petition when I asked the judge that I want an MoU along with petition. Judge is also suggesting it is not required. I would like to know whether without MoU, just relying on Petition and on chief of evidence affidavit creates any problem in future? Let's say all the important waiving off points and alimony terms are clear in petition. Will I be in trouble in futur?” Yes. In a Mutual Consent Divorce (MCD), there is generally no statutory requirement that a separate “MOU/Settlement Agreement” must accompany the Section 13B petition. The important issue is whether the settlement terms are clearly recorded, voluntarily accepted by both parties, and ultimately incorporated into or recognised in the decree.

Q: reply husbands counter for her RCR in evidence affidavit by denying

Rebuttal of hisbands false allegations for her RCR in evidence affidavit

Advocate Babita answered
In response to your query that “Rebuttal of husband false allegations for wife inRCR evidence affidavit” these false allegations by the husband in RCR, amount of cruelty if you want to go for divorce, then you can make the divorce and proceed legally

Q: 15days count marriage is posible

Me and my partner both are hindu and both the family supports but is it possible court marriage in 15days

Advocate Babita answered
In Response to your query that “Me and my partner both are hindu and both the family supports but is it possible court marriage in 15days” court marriage takes min 30 days. You can get your marriage registration in 1-2 days once u get marriage certificate from temple if both of you are Hindu by religion.

Q: Discharge petition in commital case

criminal case on me and parents , matrimonial dispute. In chargesheet, the witness , panchnama person all are from complainant side . The additional witness statement doesn't contain there signature,it contains only SHO signature. My case is in JMFC ( framing of charge stage ) , my lawyer is saying since this is commital case . We can file for discharge application only in session court .Is it true or based on chargesheet discrepancy and medical issues , can I apply for discharge in JMFC ?

Advocate Babita answered
whether the offences mentioned in the charge sheet are triable by the Court of Session or by the JMFC. If it is a Sessions triable case (e.g., offences such as Section 498A IPC along with Section 307 IPC, Section 306 IPC, etc.) and the JMFC is acting only as a committal court, then The JMFC has no power to discharge the accused on merits. If the offences are triable by the JMFC itself, then the Magistrate can consider discharge (depending on the procedural provisions applicable to the nature of the case and whether it is a warrant case instituted on a police report).

Q: Wife has sent dv notice for 45 lakhs I need move on and file for divor

So the dv contains all stupid allegations there are demands for some money & maintenance for child in final prayer. In the dv she tell no longer considers maintaining a marital relationship.I want to move on my lawyer say file for a divorce immediately & let's answer the dv.Wife is working in IT She stays in a 3 bhk own by her parents initially she was the coapplicant on the loan for the flat they have other properties rented outI'll pay for kid how do I stop her maintenance & residence claim

Advocate Babita answered
In Response to your query So the dv contains all stupid allegations there are demands for some money & maintenance for child in final prayer. In the dv she tell no longer considers maintaining a marital relationship.I want to move on my lawyer say file for a divorce immediately & let's answer the dv.Wife is working in IT She stays in a 3 bhk own by her parents initially she was the coapplicant on the loan for the flat they have other properties rented out I'll pay for kid how do I stop her maintenance & residence claim” this will be your hurry decision, first off all you need proper legal advice to move before the any divorce case.