Advocate Dhruv Grover

Questions Answered by Advocate Dhruv Grover (25+ answers)

Q: Want to file for divorce and i want my dowry return after divorce ?

If I file divorce case, what happens to dowry after divorce ? can I also get my dowry back without filing any dowry case?

Advocate Dhruv Grover answered
No you cannot claim reliefs of return of Istridhan/dowry/articles of personal use in the divorce proceedings.For recovering of Istridhan from your husband and in laws, you need to file a complaint with the Women Cell which will ultimately culminate into an FIR under Section 498A/406/34 of the Indian Penal Code,1860.You can also file a complaint case under Section 12 of the the Protection of Women from Domestic Violence Act,2005 praying for various reliefs. Furthermore, you can claim maintenance from your husband under Section 24 of the Hindu Marriage Act,1955 during the pendency of the divorce proceedings and under Section 125 of the Code of Criminal Procedure,1973.

Q: Can decree given by Lok Adalat be challanged?

My soon-to-be ex-wife has asked humongous amount of alimony to settle all the cases once & for all. I am supposed to produce money by 16 April. Judge has told that if I am not able to get the money by 16th, he is willing to give 17/18/19 as the next date as per need. Time which might be needed to arrange money, create FD for my kid etc. He said once the money is give to her, he will waive off the 6 months & give the decree same day. Now there is going to be Lok Adalat on 22 April. I am just wondering what should I do, Should get the decree on 16th (assuming money is arranged by then) and get this done. Or should I get the decree from Lok Adalat. I have heard that Lok Adalat judgement are not challengeable while the decree given by normal session court judge is challengeable. (Mutual Consent divorce 13B) Point is I am worried that after getting money, my (soon to be ex) wife can re-appeal & create more problems. Does decree given by judge is also NOT challengeable ?

Advocate Dhruv Grover answered
Firstly Lok Adalat is not a part of the court.It forms part of the Alternate Dispute Resolution Mechanism(ADR) like mediation,conciliation,arbitration,Judicial Intervention being the other forms of ADR mechanism.The Court will refer both the parties to the Lok Adalat to reach an amicable settlement. The terms of the settlement agreement will be crystalized before the Lok Adalat .Once the matter is settled there, the matter would again be sent to the court with the settlement agreement signed by both the parties.The court will record the joint statements of both the parties under section 13-B(1) of the Hindu Marriage Act,1955 (First Motion).Subsequently after the first motion is allowed under section 13-B(1) of the Hindu Marriage Act,1955, the parties would have to file a joint application under section 151 of the Code of Civil Procesure,1908, for waiver of statutory period of 6 months. The application should fulfill pre-requisites as mentioned in the Hon’ble Supreme Court judgment.Once the court allows the application for waiver of 6 months period, both the parties can proceed with recording of joint statements under section 13-B(2) of the Hindu Marriage Act,1955.After recording the joint statements(second motion), the court will pronounce a judgment and pass a decree of divorce.NOTE:- It is the court which has the power to grant a divorce decree and not the Lok Adalat.Such a decree of divorce by mutual consent under section 13-B of the Hindu Marriage Act,1955 is not an appeallable decree being a consent decree.

Q: I want to marry my first cousin for my 5 yrs. old child

My son is of 5 years old and my son have so conseguancy issues he is all fit so now can i marry my first cousin i dont need more. Child now?

Advocate Dhruv Grover answered
Assuming you both are Hindu , you cannot legally solemnize a valid marriage with your first counsin since he is within the degrees of prohibited relationship with you as per section 5(iv) of the Hindu marriage act,1955. A marriage solemnized in contravention of Section 5(iv) of the Hindu Marriage Act will be a void marriage and thus a nullity.Even under the Special Marriage Act,1954 as per Section 4(d), the marriage if solemnized would be a void marriage.

Q: Clarification on the amount charged for maintenance matter

My wife has filed for maintaince/alimony while she earns 27000 per month and I earn 45000 per month we have no kids...marriage is 2 years old. Can she ask for a onetime large sum as i have no savings all lost on household and she saves money for herself...how much can she ask for in any. Please respond

Advocate Dhruv Grover answered
Yes she can claim interim maintenance ( Maintenance pendente lite ) from you. However whether she will be entitled to maintenance or not is an issue which will be decided by the court considering the overall factual matrix which includes the financial condition of both spouses,No. of dependents to be maintained by you i.e. your parents, Standard of living etc. The court will call for financial affidavits from both your wife and you as per the prescribed format whereby both of you will be furnishing all the details. As far as one time settlement amount is concerned, you can explore the possibility of resolving all the issues amicably by mediation process.Legally she can ask for one time settlement amount only after a decree is passed as per section 25 of the Hindu Marriage Act, 1955.

Q: Parents died without any will want to claim my share

I am living in Uk and both of my parents passed away without a will. In trust I signed the paperwork of the property in favour of my sister as she was living in India so that she can look after the construction of property. I also agreed that she can have floor and I will have 2 floors and now she has moved into the property and not transferring my share to me. What are the options for me.

Advocate Dhruv Grover answered
You can file a suit for partition and cancellation of document which you had executed in favour of your sister.The nature of document which you had executed in favour of your sister would need to be seen.Since your mother died intestate ( without a will), the property will devolve upon her class I legal heirs i.e. your sister and you, as per laws of succession, with both of you getting 1/2 share each.