Advocate Gaurav Pathak

Questions Answered by Advocate Gaurav Pathak

Q: Urgent query...............................................

I am a hindu .. can i remarry the same person whom i have divorced under mutual consent ?

Advocate Gaurav Pathak answered
Yes you can. There is no bar in remarrying the same person. You can opt for getting married as per rituals and customs or before registrar. You can get your marriage registered within one year as provided in the law.

Q: What to do if the inlaws are interfering

My wife's parents and brother have so much influence on my wife, they interfare so much in my married life and this becomes the reason of quarrel bw us. My wife's sister is in Australia and ask us to come there on pr, initially i was interested but now am not, as i have an old dependent mother and good job in india. My wife is angry over me on this and his parents are pressurising me for getting passport for my 2 months daughter(they may send my daughter and wife to his sister in Australia), they even threatened me that if i dont make passport of my daughter they will false report to the police that am going to settle abroad leaving behind my daughter and wife. My wife has disrespecting my mother and uses false words for me, i am afraid she and her parents might charge me for false cases. I don't know what to do, is there any law which can help me to get out of this situation.

Advocate Gaurav Pathak answered
Considering the situation you are in the apprehension do not warrant any legal indulgence now. However, you can try mediation or counseling for you and your wife so that issue can be brought forward and settled.

Q: What to do if my father is repeatedly harassing our family

My father has harassing us for the past many years. He ill treats his wife. He has beaten her many times. She is also a psychiatric patient. My father has also been having a extra marital affair for the past many years. Now for the last few months he has been harassing his daughter and me also. Please suggest us some way out as we live in constant fear. We are so scared that we might commit suicide someday if this goes on for more time.

Advocate Gaurav Pathak answered
If you are under 18 years of age please contact the child and women protection unit of your city police asap to arrange for counseling sessions and suitable legal action. and in case you are an adult please contact the police and for initiating legal action for criminal conduct of your father. Further civil legal recourse can also be adopted for managing maintenance by your father through Court. Alternatively you can also approach mediation center of Court for amicable solution of the problem.

Q: Husband wants to file for divorce having affair with Australian girl

My husband is living in Sydney from last 4 years We get married on21/3/2017 And everything was good Bt now he want get divorce from me and said that I m in a relationship from last 7 months and she is pregnant from last 4 years . She is Australian girl . And now my husband refuse to return back to India . What to do??

Advocate Gaurav Pathak answered
Well in this case you need to either file a case i.e. restitution of conjugal rights in case you still want him back or in case you don't then you can even file for divorce. Further try mediation in the matter since it is of personal in nature.

Q: Divorce filed by NRI wife on impotency grounds against NRI husband

Husband and wife married 6 years ago under HMA were not putting up normal life due to incompatibility. She filed thro' her father petition for divorce on (false)impotency grounds. Though the husband is agreeable for divorce but not on impotency grounds as he has medical reports from abroad as well India as a proof to rebut the false charges. What should husband do as the party is not ready for talks for MCD. Party is thinking of complaint under 498a merely for harassing husband /family. Husband /wife butch are abroad at present. What should husband include in rebuttal reply as well as to combat 498a. Wife left husband's house immediately after she got EAD(work permit) and later green card on marriage basis in husband's behalf.

Advocate Gaurav Pathak answered
In this peculiar situation Mediation and conciliation will be the appropriate remedy in my opinion. Since husband is ready for mutual dissolution of marriage he can approach the Mediation centre of any courts in their jurisdiction in India or they may seek such service abroad. It would save time energy and money.