Advocate Babita

Questions Answered by Advocate Babita (200+ answers)

Q: NRI spouse refusing travel for mutual divorce – legal options

I am a Hindu male currently working in Bangalore. My spouse lives in the USA on an H1B visa with our minor child. We have been living separately since November 2023. Both of us initially discussed mutual divorce, but she says she cannot travel to India and wants to explore video appearance. Lawyers here say physical presence is required in family court. What are my legal options if she refuses to travel? Can mutual divorce proceed remotely, or should I file contested divorce?

Advocate Babita answered
Mutual Divorce Using Power of Attorney If she cannot travel then She can execute a Special Power of Attorney in the USA authorizing A relative in India Or her advocate Steps to be taken Sign SPA before Notary / Indian Consulate in USA Send it to India It gets adjudicated or stamped Attorney holder appears in court.

Q: Case filed under section 12(1)(a)and under section 144

My wife deserted me just 5months after marriage without any reasonable cause and now filed case saying that I am impotent (without any proof) i have my medical reports which proves i am not impotent. I have section 9 rcr against her. She has filed case8 under section BNS 144. How can I win this case

Advocate Babita answered
In Response to your Query “My wife deserted me just 5months after marriage without any reasonable cause and now filed case saying that I am impotent (without any proof) i have my medical reports which proves i am not impotent. I have section 9 rcr against her. She has filed case8 under section BNS 144. How can I win this case” Yes you wine the if you i proper medical report with u and then can file case based on cruelty because it seems that your wife is not interested in this marriage.

Q: Legal status of first temple marriage in WB

In 2023, Harish and a woman named Neetu underwent a marriage ceremony in a temple as per Hindu customs. They have some photographs of the ceremony, but the marriage was never registered.Within a week of the ceremony, Harish discovered a divorce notice on Neetu’s phone, which showed that she had been previously married—something she had not disclosed to him before the temple ceremony. Feeling that his trust was breached, Harish separated from her soon after.About six months later, Neetu contacted

Advocate Babita answered
In response to your query that “In 2023, Harish and a woman named Neetu underwent a marriage ceremony in a temple as per Hindu customs. They have some photographs of the ceremony, but the marriage was never registered. Within a week of the ceremony, Harish discovered a divorce notice on Neetu's phone, which showed that she had been previously married ,something she had not disclosed to him before the temple ceremony. Feeling that his trust was breached, Harish separated from her soon after. About six months later, Neetu “Marriage is temple as per hindu marriage act following prevailing customs is valid and legal registration of marriage is not mandatory. But in your case marriage done during prevailing of first marriage so it is not valid as per law you can file case against her for cheating.

Q: Muslim husband took money to setup business. Then abandoned.

In a muslim marriage, my husband kept taking money from me stating he wants to set up a business. I gave money for business and paid for house expenses, gifts for his family, his exorbitant shopping, etc. After childbirth, I refused to give any more money, as he was not showing any returns in business. After 6 yrs of stressful marriage, he asked me to leave the house. Few months later he disappeared, leaving me and my son abandoned, without returning my money, or maintenance for the son.

Advocate Babita answered
Hello in response to your query that “In a muslim marriage, my husband kept taking money from me stating he wants to set up a business. I gave money for business and paid for house expenses, gifts for his family, his exorbitant shopping, etc. After childbirth, I refused to give any more money, as he was not showing any returns in business. After 6 yrs of stressful marriage, he asked me to leave the house. Few months later he disappeared, leaving me and my son abandoned, without returning my money, or maintenance for the son.” In this situation you can aproch police filling missing complaint and once police will search him file maintenance case and DV CASE in that you can show how much you have paid to him and now you are liable for maintenance for you and your son.

Q: I have taken the loan of 65 lakhs need OTS

Taken housing loan of 65 lakhs paid 5 years EMI and now the outstanding is 67 lakhs received 13.4 notice I need help

Advocate Babita answered
Hi, your concern is that you have taken housing loan of 65 lakhs paid 5 years EMI and now the outstanding is 67 lakhs received 13.4 notice. I can help you for tha need to know the contents of notice and guide you as per that.