Advocate Harish Malhotra

Questions Answered by Advocate Harish Malhotra

Q: How to initiate divorce proceedings and get custody of children

Sir, i am working with a nationalized bank and want divorce from my husband who is working with a private company. Also i want custody of 1 boy (3.5yrs old) & 1 baby girl (3month old). Please guide regarding the procedure and custody.

Advocate Harish Malhotra answered
MADAM, U HAVE TO FILE TWO DIFFERENT CASES, cUSTODY FOR BOY AND HE IS TOO SMALL AT PRESENT SO YOUR CHANCES ARE BRIGHT. YOUR HUSBAND WILL ONLY GET VISITATION RIGHTS AS FAR DIVORCE IS CONCERNED, U HAVE TO TELL ME THE GROUNDS OF CRUELTY OR OTHER GROUNDS SUCH AS HAVING EXTRA MARITAL AFFAIR, ALCOHOLIC, PHYSICAL ABUSE ETC TO FILE FOR DIVORCE YOU HAVE TO TELL ME THE ENTIRE STORY THAN ONLY PROPER LEGAL ADVICE CAN BE GIVEN. KINDLY GET ONE MEETING FIXED FOR FURTHER LEGAL ADVICE

Q: Husband and in-laws forcing me ask for money from my father or divorce

I am 25 Years old girl, I was married on 28 Feb'17, its love marriage, my parents support us for this, but his parents is not ready, we decide we will convince them after marriage, but after marriage his parents totally pressure the boy and me to separate but when we say we are not, they will say do arrange marriage as per them spiritual, they need 20-25 lakh for that, but my father are not able to give because of his financial condition is not so good, my father ready to give 4 lakh but they want full money. now the boy also pressure me to separate or take money from your father any how, I am totally mentally tortured by him, in 30 days marriage he forcing me to go home and ask for money and he fighting all the time, and crying and saying me his parents will be dead if we not arrange money etc.. I already described him and his sister that my father condition is not good, he cant do that. but now he said to me please mutual understating se alag ho jate hai. my life is spoiled

Advocate Harish Malhotra answered
Madam, As far you want to separate or not, That is your wish. But frankly speaking what is guarantee that you will get a better man next time. It is not easy to lead a single women life. No one can force you to go and bring money from your father. DONT PAY THEM ANY MONEY AT ALL. If you pay 4 Lakhs there greed will increase. You can easily file for FIR for dowry Harassment. You dont have to leave the Matrimonial house and you can do that while staying with your in laws. NEver ever leave residence of husband otherwise your life will become too tough. Law now days is in the women side and in laws & husband after seeing your facts. Most Important, i cannot give you complete legal advice, for that you have book an appointment. kindly meet me and get the complete legal advice

Q: Where to file for divorce if couple staying separately

Wife is in service at Gurgaon.There is no ID of Gurgaon .Can we file u/s13 b at gurgaon .My service is in Andhra.Religion Hindu.

Advocate Harish Malhotra answered
yes, the respondent wife stays in gurgaon, you can file your divorce cases in gurgaon. and you have to show her residence and office address here in gurgaon at the time of filing in gurgaon.but have both of you not stayed together in gurgaon

Q: Harassment case against brother-in-law how to safeguard myself

This is regarding divorce case between my brother-in-law (wife's brother) and his wife. After 22 months of leaving home, the girl's family filed a FIR in Haryana (ancestral home) under sections 406/498 for harassment. The names of my brother-in-law, father-in-law and mother-in-law was mentioned in FIR. Subsequently, the boy was arrested and granted bail after 5 days. Now after, 10 months of first case (FIR), the girl's family have filed another case under section 12: Protection of Protection of Women from Domestic Violence Act. In this case, she has alleged that her in-laws used to harass her and after going away from their home, she has to bear high financial expense for herself. In essence, she has asked for regular maintenance. What has changed for me is that my name has been added in the list of respondents. There is just one paragraph for me that I used to visit my in-laws frequently and instigated them to harass their son's wife. What should be future course of action for me.

Advocate Harish Malhotra answered
kindly tell me all these cases are in gurgaon,if they are in Gurgaon, Haryana, than there are chances to get them relieved through police and they would be declared innocent in police investigation.as per guidelines of supreme court, now the police has to investigation inquiry first, than only to make them as accused. DV act violence is civil case, which lateron, goes to become criminal case if any, but respondents defence is better than they can be discharged.kindly to seek proper legal advice, take time and come and meet, regards

Q: Divorce From a Husband who doent want to work

I have a husband who worked in a good firm before marriage, he lost his job in 2008-2009 recession. I got Married in 2009. I am a Hindu, After that he kept on telling me that he wants to do business, he tried some but failed in all. I am working and hence could support him, we do not have any Kid.His behavior with my parents & family is not good, he uses abusive language with me .We generally have fights every other day ....and from past few months I try avoid any conversation with Him.I feel that he lacks social ability like meeting people, socialization with people.He tries to control all my decisions and above all he does not understands that both people have to work to support the finances. He has started a small venture in wealth management recently, which will take another 5 years to be earning returns, he ignores any query related to work. Let me know if I can seek divorce

Advocate Harish Malhotra answered
yes, it falls within the bracket of mental cruelty if the husband is too lazy to earn livelihood for the family. you can file for divorce as it is a very good ground. It is the primary duty of hindu male to run his family. you can get good results in doing so, for rest of the case you have fix an appiontment to do so