Advocate Deepika Tiwary

Questions Answered by Advocate Deepika Tiwary (25+ answers)

Q: Married under muslim marriage act 1954 and Special Marriage Act both

My wife and I submitted a 30 day notice to marry under the special marriage act then did a nikah ceremony after 3 weeks under muslim special marriage act. Then, 10 days later, we got married under the special marriage act and got another certificate. Which of the 2 certificates has a legal standing in India?

Advocate Deepika Tiwary answered
if both the spouses were muslim at the time of marriage then a nikah has same legal standing as of marriage under the special marriage act 1954. non the less marriage under the special marriage act is legally valid hence this certificate of marriage is valid for the other purposes also.

Q: What is the format of appeal against maintenance order?

Dear Sir, my divorce case is filed in Karkardooma Family Court, New Delhi. After 3 counseling sessions, my case has gone through 2 official court sessions. On the latest session, which was on 17th February 2018, the judge passed an interim maintenance verdict requiring me to pay my wife Rs. 50,000 as maintenance. My monthly salary is Rs. 44,000, and I have my own expenses, details of which were attached to the initial petition. My question is, is there any way to appeal against the maintenance order, as I believe the decision could have been different if my lawyer had appeared in court that day? Although the written order has not yet been issued, I am concerned because my lawyer has not been responding to my calls or messages for the past 3-4 days. How can I proceed to appeal against this decision and ensure I receive the written order promptly?

Advocate Deepika Tiwary answered
You can apply for the maintenance order passed by the court which you can get within a week or month in karkardooma court. As far the maintenance amount is concern you can file an application regarding this stating your problems in paying the huge amount in the same court, the court will surely hear you on this. Else you can contact me or other advocate for further assistance.

Q: Can cruelty be ground of divorce due to parents intereference

My brother got married in Sep 17, and we came to know after marriage that his wife's father is not legally married to her mother as he did not divorce to his earlier wife yet and therefore instead of her father's name, her uncle's name is available on any government documents like aadhar card. I just want to know can this be the reason of their divirce on the basis of cruelty as they both have incompatibility or irreconcilable differences between them since their marriage because of her parents intereference. What should we do?

Advocate Deepika Tiwary answered
Yes, there are grounds for divorce and also for annullment of marriage. But parents illegal marriage cant be the ground. First remedy can be annulment on the ground of fraud as to any material fact.Secondly file for divorce on the grounds of cruelty, harassment and unreasonable coercion.Consulting a lawyer is adviced.

Q: Can a person with pending case apply for government jobs

Sir mere nam par ak 394 case hua tha ,kya me govt job ke lye apply Kar Sakta hun?

Advocate Deepika Tiwary answered
You need to check criteria of your examinations. If the case against you under section 394 have been proved then you may not be able to apply for the gov. examination and if it is still pending then you may apply for your exams.

Q: Divorce in case where it was discovered that wife was already married

My friend found out 3 years after marriage and a daughter that his wife was already married in Arya Samaj Mandir. She is from a criminal family and been cheating and threatening him since marriage. He even suspects the child to be of someone else. He has got his photographs and marriage certificate of Arya Samaj. What should be the legal recourse for divorce while ensuring his and his family's security?

Advocate Deepika Tiwary answered
Yes, you can file for divorce and also for maintenance. But first obtain the marriage certificate from the registrars office where marriage was registered and adress of you husband will also be printed on the certificate and consult a lawyer who will guide you through the process.