Advocate Deepak Sabharwal

Questions Answered by Advocate Deepak Sabharwal

Q: How to get spouse for mutual consent divorce

Got married on Nov 2020.soon after marriage husband leaves for dubai as he got a job there.In Feb 2021 wife joined.soon after disputes happened n husband send wife back to india.Then at matrimonial house mother in law and sis in law began to torture her.Wife was living with her parents now.With the efforts of wife family they again rejoined in Oct 2021 in dubainAs at very next month he send her back againnAnd said not to live at matrimonial house nSoon after I landed mother in law went dubainAs I was no place to reside other than my parentsnAfter 5 months the mother son came back n we proposed to separate as marriage is not working as disputes get worsen over time.Then again wife give another chance to marriage .then again she went to dubai in Aug 22 n came back in Sept 22.As husband forced her to go back torture her mentally he said that he doesn't to be in marriage n so does the wife.

Advocate Deepak Sabharwal answered
hello you can get divorce in mutual consent first of all the condition is there should be one year separation phone mutual consent divorce husband and wife to be ready to give divorce joint petition will be file in mutual consent divorce

Q: I already logged a complaint againt inlaws and husband in Nri wing but fIR not registered yet. Tod

I already logged a complaint againt inlaws and husband in Nri wing but fIR not registered yet. Today i know through my IO that my inlaws registered a divorce case in court againt me... I haven't received summons yet.what should i do..?

Advocate Deepak Sabharwal answered
Hello you pl wait for action on your complaint . you had not mention on what grounds your husband had filed divorce against you . police will take action on your complaint if offence had been committed . if you want to know more pl call me . Thanks

Q: Enquiry regarding child custody after 1st hearing of mutual divorce

Hello,Me and my wife agreed for mutual divorce, with custody of my child with her. First hearing is done and we are now approaching second hearing.It was decided I will be able to meet my child every two weeks for 1 day (no night stay)I work in metro area and it becomes a little difficult to come every two weeks.When I come, she sometimes has other plans and is not able to send my son. I miss my child and feel i don't get enough time with him. She is not agreeing for 15 days holidays with me. She is not agreeing to let him sleep over. I feel slowly my child is getting away from me. What are my options here?

Advocate Deepak Sabharwal answered
Hello sir you both agreed to file mutual consent divorce on mutually agreed terms . if any one does not fulfill mutually agreed terms then any party can refuse to give divorce . please call me if you want to know more .Thanks

Q: Temporary worker in canada got abused by her husband who is living IN

Hello,I am living in Canada. My status is temporary work permit holder. I was married in 2018 in india.I have applied spouse open work permit for my spouse who is currently in India,which is got refused two times and now i have applied third time. I am filed permanent residency along with that for both of us. I have paid for my husband’s application processing fees all three times, i have been sending him money from my side for his regular expenses But still he is abusing that i am responsible for everything. He is torturing me and even though threats me that he can deport me from canada and he is refusing to give me documents which i need for our pr ( permanent residency). Please helpwhat can i do. He is harassing me everyday verbally.

Advocate Deepak Sabharwal answered
Hello first tell me when you both got married . you had applied his visa for so many times but its genuine that visa confirmation is embassy job . you are not responsible for this . you have not cleared this whether you want to live with him or not in future . if you want to know more please call me .Thanks

Q: Domestic violence, demand money in spite of good running family busine

My younger sister is facing domestic violence from her husband, his brother and her in-laws, and asking her to leave the inlaws home . Husband is doing family business with his brother and lived in same house with his family in Jalandhar. Firm name registered in brother name .husband is not ready to give any amount to livelihood to my sis and her 4 years son .he threats her that he has no income and will not give her any amount for Daily expenses and ask her to leave the in-laws house. He also threats that No policeman ask me to give you money as I m not doing any work. He calls to my father and demand the money and take her from his house .How can my sister get help legally from local police , women cell and District Magistrate. Is she has right to stay in lin-laws home and any right in husband family business. Please guide.Regards,

Advocate Deepak Sabharwal answered
Hello you have not mentioned date of marriage of your sister . you can lodge complaint against in laws of your sister in police station regarding cruelty and dowry demand . your sister can also file maintenance case and domestic violence case . it is duty of husband to maintain his wife . if you want to know more please call me .Thanks