Advocate Deepak Malhotra

Questions Answered by Advocate Deepak Malhotra

Q: Husband wants divorce but I dont

My husband wants divorce from me. We got married 4 and half year ago and we have a daughter also. My husband complained to SSP office and now our case went to mediation. Already they called us 5 times. Now tommorrow is date of last hearing. They can give decision for 6 Months seperation. Is there decision binding on us? What will the influence of this in case husband files in court for divorce. It will have negative impact on case as I don't want to get seperate. Please help

Advocate Deepak Malhotra answered
No one can obtain divorce easily unless the spouse agree. In case of mediation, they have no power to put any pressure on you for divorce. Just go there and give statement that i want to stay with my husband and write about all your problems and the violence done by your husband as well as their demands about dowry etc.The girl is having number of rights to file cases under domestic violence, right of residence, maintenence, complaint u/s 498a and many others.regards,Adv malhotra

Q: Query about Validity of regular bail

What is the validity of a regular bail?? There is a bailable arrest warrant issued. Kindly let me know for how many days bail will be granted by Police or court? and what should the aggrieved party do when such bail is granted to the accused.

Advocate Deepak Malhotra answered
Validity of the Bailable warrants are till the next date of appearance in the trial court. You just need to appear on the date fixed in the trial court , rest there is no need to worry about it. It is just to procure your presence in the trial court.

Q: Urgent query...............................................

I am a hindu .. can i remarry the same person whom i have divorced under mutual consent ?

Advocate Deepak Malhotra answered
After obtaining divorce, you are free to remarry with any girl . It has no concern whether the girl is same or different. So you can go ahead after consulting your local lawyer after preparing necessary documents in this regards. regards, Adv Malhotra

Q: Complaint for not returning money invested in mutual funds

Sir help me in getting my monet back from a firm i had invested money in a firm and they said that they will return it after 3 yrs with 11% interest and now they are not returning the amount even after maturity it have been six months and my amount is not returned.

Advocate Deepak Malhotra answered
You can recover it with damages though consumer court of concerned state. You have not mentioned whether the firm, in which you have invested is an authorized company to give 11 % interest, if not, a criminal complaint can also be filed. regards, Adv malhotra

Q: Husband wants to file for divorce having affair with Australian girl

My husband is living in Sydney from last 4 years We get married on21/3/2017 And everything was good Bt now he want get divorce from me and said that I m in a relationship from last 7 months and she is pregnant from last 4 years . She is Australian girl . And now my husband refuse to return back to India . What to do??

Advocate Deepak Malhotra answered
The main point of consideration is that whether you are staying with your in laws or staying alone. You have a residential right in your matrimonial home. Also you can claim your stridhan, other maintenance and other expense from your husband and in laws. File a case of domestic violence u/s 12, 18, 19, 23 as well as us 498a, 420, 406. You will get justice and your right in his property shall remain intact. On receiving sufficient compensation you can leave him. regards Adv Malhotra