Advocate Chandan R Rajput

Questions Answered by Advocate Chandan R Rajput

Q: Family court has passed Final Judgement in My daughter's favour in her 125 CrPC maintenance case. H

Family court has passed Final Judgement in My daughter\'s favour in her 125 CrPC maintenance case. How to draft petition for Recovery of Amount from Her Husband ? What to do if He does not pay ? or makes part payment of 2 years maintenance amount from the date of Filing case u/s 125 CrPC? Where Can he prefer appeal against the order of Family court? And what other things to take care of ?

Advocate Chandan R Rajput answered
you can file recovery application of CRPC 125 3 before the honble family court. court will order your remaining amount.. if your husband not pay court will issue warrent. If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him

Q: Hi,nI would like to know the Indian Marriage Law that while the wife has an ex-marital affair with e

Hi,nI would like to know the Indian Marriage Law that while the wife has an ex-marital affair with evidence and has possession of the gold jewelry given by the husband's family for use. Can it be legally recovered from the wife as she broke the trust and relationship as well as if this kind of behavior is allowed by law then it is utterly unfair to the husband, isn't it? If anyone can provide any court judgment that would be really appriciated.

Advocate Chandan R Rajput answered
ex. marital affair not a crime but you can get divorce. In the case of adultery, there will be no Alimony. It should be proven to the court that one of the spouses is unfaithful. If the marriage is over quickly, there will be no or little alimony. The longer the marriage lasts, the more the amount will be as Support amount in divorce. according to law wife can be use her stri dhan..

Q: I found photos and videos in her phone with more than one man. She confessed. I gave her three talaq

I found photos and videos in her phone with more than one man. She confessed. I gave her three talaq. Now I want her to confess and I also want my daughter's custody. Can she file a case against me? Can I claim my child custody?

Advocate Chandan R Rajput answered
if you have any evidence against your wife. you can get divorce. adultery could be used as a reason for divorce. However, under the new no-fault divorce rules, there is no longer any need to provide a reason for your divorce. While this doesn't change how hurtful adultery can be, it does make the process of getting a divorce much simpler

Q: I want to divorce my husband, I was beaten to death. And now I am scared to be with him againHe does

I want to divorce my husband, I was beaten to death. And now I am scared to be with him againHe does not want to give me divorceHe is accusing me of an affair. And is forcing me to be married with him. He wants me to live inside the four walls and never go out. I work and earn really well. My job demands me to work and travel to metro cities. I don't want to live in four wallsHe is a patient of bipolarity and borderline personality disorder. This is why he behaves like thisI don't want to file a case against him, because that may result in him losing his job. And his parents are dependent on him will have to go through hard times because of his mistake. This is the last thing I'd doIs there a way to get divorce faster without his consent? Or is the mutual divorce the only way?

Advocate Chandan R Rajput answered
yes you can file divorce petition Section 13 a in The Hindu Marriage Act, 195513 Divorce. —(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—16 [(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or]16 [(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or]16 [(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or](ii) has ceased to be a Hindu by conversion to another religion; or17 [(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Q: Calling court cunselling against legal notice dome violence,voluntarag

My wife sent me a legal notice which written all false allegations like domestic violence and voluntary miscarriage, we have 1 child of 2 years old and 3 years of marriage life, should i call family court counselling. What if my wife will not attend it, instead of it my wife can file 498a and 313 against me.

Advocate Chandan R Rajput answered
According to Section 10 of the Family Courts Act,1984, the Family Courts are allowed to evolve their rules of procedure. The Code of Civil Procedure was amended to fulfil the reason behind setting up the Family Courts.Section 9 of the Act puts special emphasison settling disputes by mediation and conciliation. It guarantees that the matter is addressed by understanding the two parties and reduces the chances of any further conflict. The point is to give priority to a mutual understanding of the usual process of arbitration.So, these courts mean to frame a pleasant environment where family disputes are settled amicably. The cases have avoided the features of a formal legal system. During any stage of the proceedings, if the court believes that there is a possibility of an amicable resolution, the court can direct the parties to mediation.The shackles of a formal overall set of laws and the normal process of adjudication cause unnecessary prolonging of the matter, and the dispute can deteriorate over the long haul. It tends to be an exceptionally horrendous experience for the families and lead to personal and financial losses that can devastatingly affect human relations. It again focuses on the significance of having guidance counsellors and psychological experts in managing such matters.