Advocate Dhanashree Dhole

Questions Answered by Advocate Dhanashree Dhole (25+ answers)

Q: NRI divorce want to shift to India

I have been a resident of the UK since April 2011, obtaining citizenship in 2017. My wife, Bhagyashree Chopde, and I were married on April 28, 2008, in Nagpur, Maharashtra, India. We share a seven-year-old son who was born in October 2016.The divorce process was initiated by my wife in July 2022 following the enactment of the "No-fault" divorce law in the UK in April 2022.separation occurred in September 2022, when my wife vacated our marital home to reside in a rental property with her partner

Advocate Dhanashree Dhole answered
we need to know what exact guidance you needfor thatalso need to know under which law you got marriedand in the divorce. proceedings filed at UK is there any order passed for divorce and for custody of child

Q: Why he paid the entire maintenance?

The order passed in dec 23, before the next hearing my husband submitted entire amount in the court. Why he paid all the amount without seeking any adjournment? What are the possible reasons?

Advocate Dhanashree Dhole answered
It is good if the maintenance ordered by court has been paid by the otger party. The only reasonable possibility is the other party wants to contest and begin the futher stages of the case as soon as possible

Q: Contest divorce by mutual consent

Is it possible to contest the divorce by mutual consent petition before the 2nd motion citing unfair distribution of wealth and assets. We have already complied with the agreed terms but now I feel I got a raw deal. I was expecting Atleast 50% of the proceeds considering I have earned 100% of it.

Advocate Dhanashree Dhole answered
It is still possible to withdraw the consent given to mutual consent divorce petition before the 2nd motion but the same varies in each case depending upon the complaince of the conditions or if the terms and conditions needs to be changed both of you can also approach to the mediator appointed by the hon'ble court and have discussion regarding it

Q: The order passed without argument

What will happen if the order is passed by court without conducting an argument?

Advocate Dhanashree Dhole answered
For answering this question other details are also important. for example what kind of case is it, filed by whom, on which application the order is passed without argument etc. If the final order is passed, whether you have appeared in the matter and order is passed or is it passed without your appearance in the said matter etc.

Q: Regarding 65 B certificate evidence act audio recording pen drive

I've filed petition under section 504, 506 IPC in the court against wife for use of vulgar words and threatening by wife during mobile conversation. I've audio recording of said mobile conversation. I've taken audio recording in pen drive to produce before court. My query is from whom I've to take 65 B certificate for this audio recording and what is the procedure to obtain 65 B certificate?

Advocate Dhanashree Dhole answered
65B certificate is to be given in the form of affidavit by the person producing that evidence, it needs to contain the information about the device from which such data is obtained, form of data produced, copied and printed from which devixe etc.