Advocate Bisweswari Mohanty

Questions Answered by Advocate Bisweswari Mohanty

Q: Sir My Wife Mo.bapa.maa.katru.alga.rhibapy.kahuchi.nahale.divorce.kari

Mu divorce debini.sir.marrige 6.month.help me sirsir help kara place sir sir help iam no divorce sir place help me sir place help me sir

Advocate Bisweswari Mohanty answered
After one year of your conjugal life as husband and wife complete then any of them can apply divorce before the family court. so don't worry. if you are not interested to take divorce from your partner then don't apply divorce

Q: Child with in laws after wife death

We were in contest divorce, when my wife died 2 daughters 14 and 11 are with in laws and they don't to come back. In laws have entoxicated them against me. What should I do to get kids back

Advocate Bisweswari Mohanty answered
Dear client, you can file case against your in-laws for your child custody before the judge family Court. you can also lodge complain before the child welfare committee in your district. After death of a mother, the father has right to take proper care and protection of his children. you can also take help of child rights Commission.

Q: Need suggestion on Divorce with employed wife.

Dear Sir, I am into an unbearable situation. I got married in Jan 2019 to govt employed wife. She is pregnant now with 5 months . I am also working in private company. Her income is more than me. After my marriage, she is not listening my words. And she is talking with her boy friend more times and also have relation with his. I talked to her parents, they don't say any things to her daughter. my questions are: 1.Do i have to pay any maintenance to her (she is govt employee) 2. We are almost living separately, how much time will it take if we apply for divorce with mutual agreement 3. In case, if she does not agree for mutual divorce, how should i proceed to apply for divorce. Please, talk all possible ways on this issue. please suggest me all possible ways.

Advocate Bisweswari Mohanty answered
Dear client, your wife is a govt employee, She earns and capable to maintain herself. so you have not given her any alimony. 2:After one year of your marriage both can file mutual divorce. 3 you can file divorce petition before court against your wife for the ground of cruelty and extramarital relationship but strict prove required for those grounds. it's not possible to give best suggestions without knowing details of fact. So consult advocate personally and discussed vividly.

Q: Despite elopement of my wife she claiming alimony how to avoid it?

Sir/MadamMy marriage date was 23 Nov 2016.After that we lived happily. But suddenly my wife left my home and eloped with her old boyfriend (which I came to know later) on 28 February 2018. I filled a missing complaint on 1 March 2018 on nearest police station. After lots of request and pressure police brought her on 27th April 2018 with a lawyer. At police station she justified her elopement by accusing me for giving her torture. There she agreed to give mutual concent divorce. After that she left police station with out giving any contact details or whereabouts. When ever I contacted her lawyer he asked me to finalize her alimony. Feeling something wrong I filed a criminal case against her and her's boyfriend. After that I filled a divorce.In the criminal case BW issued against her. Now she filled a divorce at there local court. What if she demand alimony? How to avoid it? Due to her elopement and her false accusation I am in great depression and bad mental state. Kindly help

Advocate Bisweswari Mohanty answered
Dear Sir, In counter petition you mentioned all the facts of her elopement . Vehemently objected her demand of alimony and also submit all the documentary evidence before the Court. proof before the Court she was on her own Will left your house and living with that boy in the form of marriage. it's not possible to suggest you more without go through the details of her petition. so it's better to engage a lawyer for proper processing in the Court.

Q: How to get alimony and divorce on the ground of cruelty

My sister got married last year january but after 10 months her husband tortured her and within 2 months he left her to our home. When we sent her back to him he tortured again. She also reported FIR in pune and returned home in january 2018. But in june we got notice from family court which she was unable to receive . Sir her husband dont want to live with her as we tried a lot to talk him. Plz suggest us so that we get alimony with divorce for my sister?

Advocate Bisweswari Mohanty answered
Dear client,Your sister can file maintenance case before family court in your jurisdiction.so consult advocate as soon as possible. you did not mention details why your sister did not receive the summon of family court.So you inform your sister to inquired the case in family court where her husband filed case against her through a lawyer, otherwise the case will be ex-parties.