Advocate Deepak Kumar Tyagi

Questions Answered by Advocate Deepak Kumar Tyagi

Q: Can we take a divorce before completing 1year of marriage

married on 18 th feb , husband wanted to give me divorce . Is this legal to give divorce before completing of 1 year of marriage

Advocate Deepak Kumar Tyagi answered
No, according to sec.14 Hindu Marriage Act, there should be one year separation period.But if you both agreed and marriage was not a registered Marriage in your petition u/s 13 B HMA you both can show that marriage was solemnize before one year and since then you both were living separately..

Q: What to do if husband and in-laws are torturing wife

my daughter had got married in 2008.wd Mba person whose native land is in u.p.he tour Cher my daughter every time mentality n physically.he indirectly always blame on me n my other daughters..time to time tk money frm me..he always tour Cher my daughter for money n every needs.this year I joined my daughter in my native place bihar as a music teacher.she having two little daughters whose all responsibilities I have to bear.my son in law doesn't take any pain for them..even he always misguide my daughter to harass us..mentally she became ill..she also try to hurt us..what can I do in such situations.?pls suggest me.for future of my daughter n her 2 daughters

Advocate Deepak Kumar Tyagi answered
First you have th take your daughter in confidence. And hire an advocate. Prepare a complaint against her husband and relative of her husband. Lodge a FIR against them as well as Complaint of domestic violence act in court of law. You can file 125 Crpc for both the minor girls.

Q: Procedure for contested divorce where girl do not want maintenance

I got married in 2010. Due to my husband's poor behavior, I started living separately from 2012, in 2015, he went to the court for a divorce. The Court has accepted its application.He wrote that he does not respect us or comes to my house. I did not go to court on any date given by the court. Now the court has made him ex-party. We do not have any children, now my family also wants me to get divorce. now he is not even agree on mutual divorce. My family does not want me to go to court. now I do not have to make any claims on that. So will the court give him a divorce without me? Court will not put me and my family in trouble? How long will the court free him?

Advocate Deepak Kumar Tyagi answered
In your query nothing is clear to give any consultancy..If your husband file divorce.. and you didnt give any heed .. then he got ex parte divorce. And there is no option to getting divorce none other then file a petition before competent court of law.

Q: Procedure to get married without taking divorce from 1st husband.

meri shadi ko huye 5 saal hua h or mere pati me mujhe chood diya h 1 saal ho geya h. Mera rk ladka bhi h. To ab me dusri shadi karna chahti hu please mujhe bataye ki mujhe kya karna chaye.

Advocate Deepak Kumar Tyagi answered
First you got divorced. Then you can remarry again.. With out getting divorce remarry cant stand in the eyes of law. It will be illegal marriage. And you can be procicuted U/s 494 IPC.. First you have to filed Divorce Petition then think remarry.