Advocate Deepika Tiwary

Questions Answered by Advocate Deepika Tiwary

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.

Q: Procedure for filing mental harassment case against neighbour

My neighbour is giving me continously verbally life threat ,using abusive language on and off, i have already submitted my application to delhi police but due to strong political connections my neighbour is misguiding and every alternate day harrasing me...my health is also effecting because of taking so much stress, my dr also mentioned that i am having hugr stress, pls advise where i can file case against my neigbour for mentally harrasement

Advocate Deepika Tiwary answered
Yes, you can file a complaint directly to a magistrate through a lawyer. You can file complaint for assult, hassarment, defamation, criminal intimidation under IPC.And also you can apply for restraining order and orders of same kind.

Q: What is the procedure and requirements for filing contested divorce

In case of mental cruelty uncontested divorce, Can it be filed immediately just after mental/physical abuse ? or should it wait like 6 months/1 year of separation like in mutual divorce cases ? I guess in uncontested cases, its anyways not possible to stay together, but if the husband does not allow you to leave or file for divorce, Whats the way out ?

Advocate Deepika Tiwary answered
No, you can file a case against your husband for mental cruelty as and when the circumstances arose but as far the divorce is concerned you need to satisfy the court that you tried to be in the marriage but failed due to husband's cruelty and get the divorce. If your husband is not allowing you to file a divorce then it's better to take help of women cell they will guide you for this