Advocate Babita

Questions Answered by Advocate Babita

Q: Want to change daughter's name after second marriage

my native is tamilnadu, currently in bangalore I got divorce in 2014 and remarried Now I want to change my daughter initial to my new husband name. Is it possible?

Advocate Babita answered
Hello, Yes you can change the initial of your daughter there is no bar for that.. buton the place of name of father in every documents will be is of your ex husband( her biological father ) only that cant be changed with new father name.,

Q: Wants to take legal steps to amend the punishment for sec 11 PCA 1960

According to section 11 of prevention of cruelty act 1960 , the maximum punishment for first time offenders is Rs 50 only how does this serve justice? . Why this law has not been amended for so many years ? As a citizen of india what steps can i take to get this law amended

Advocate Babita answered
we are being ruled by british law now alsolaws are amended by the time but it is very slow because amendment of law is in the hand of our government which is always affected by various political party politics. So amendment of law according to the demand of time is not done what was expected ..... for being a citizen of India you can pressurize the government to do the needful with the change of time and demand of situation by forming a pressure group.

Q: Domestic violence against wife..

I got married around 11 months back and since the beginning my wife has been torturing daily. She got me separated from my family and always runs behing my money. She assaults on me and complaints to her parents that i am doing violence. Her mom is the key player in all these as she guides her daughter to do the quarells and not to cooperate. This is obvious that if we file a mutual divorce the inlaws will file a false case of domestic violence. Please suggest how to get rid of her without loosing money.

Advocate Babita answered
Dear sir, you can file for mutual divorce only after completion of one year of marriage.There is specific remedy in such condition for husbands. and you can't stop your wife or in laws to file domestic violence case against you if they decide. In D.V they can seek only maintenance for wife nothing else . If situation is not under control they start living separately and try for mutual divorce .

Q: Misrepresentation of Age, DOB, Horoscope by wife, is this cheating ?

Dear experts, Its been 2 years of marriage and now my knife has filed a false 498a package on whole family even though every one are staying separately stating we are staying together. After her 498a I have already applied for divorce here. She took away all her and my valuables including Stridhan and my customary gifts (gold gifted by her parents and gold gifted to me by my relatives) along with original site sale deed  & my original marriage certificate also. I went to sub-register office to get duplicate copies of these documents and noticed in her age proof document that her DOB year is 1992 but 1991 as in bio data. Even during registration she kept it hidden. That confirms that, her age, DOB, horoscope was MISREPRESENTED in the bio data and they have cheated us. We are hindu spiritual family who believes in god and horoscope. Is this not cheating?

Advocate Babita answered
Dear sir, If age is material fact for you and you strictly believe in horoscope matching then it is Misrepresentation of facts and amount to cheating but same time it is very common that in marriage some short of DOB variation is common.

Q: Procedure and duration to file for mutual divorce case

I have applied for MCD through a lawyer in Bangalore on 3rd of June, 2017 as on that date I signed on the papers like Vakalatnama, affidavits etc and signed on the register. In 3rd of November, 2017, my lawyer asked me to come for hearing of the case. And the Honourable Magistrate gave us another date due to the difference in affidavit and my lawyers pleading. My marriage took place on 24th of Jan, 2016. And we are living separately for more than 10 months. But my lawyer is telling me now that it will take another 6 months until the magistrate is satisfied. I really do not if she is guiding me correctly as she never updated her on the development of my case. And does it take 5 months to get a date for MCD.

Advocate Babita answered
After filling case and first motion the next date for second motion date comes after 6 months only.... but second motion can be moved before the date if some sufficient cause is shown. As per the recent suprem court judgment.