Advocate Harsh Rathore

Questions Answered by Advocate Harsh Rathore

Q: filing for divorce petition by husband

I am filing divorce on mental cruelty ground. And there are 14-15 instances. I put all details in the draft. The lawyer is saying if you put all it will backfire on you. The opponent lawyer will ask you many questions and trap you. Better limit it to 2 para only. My question: 1 divorce is caused by many things. If all are true why should I fear? 2 how can judge verdict without knowing all details?

Advocate Harsh Rathore answered
Your counsel is giving you strategic advice based on how family court operates, rather than dismissing your experiences. Legally,, a divorce based on cruelty, requires proving a consistent pattern of behaviour, but listing every single incident in the initial petition can actually weaken your case.To prove mental cruelty you only need to prove that environment was sustained, unlivable and caused a reasonable apprehension of harm. A few severe para can establish this legal pattern just as effectively as 50 para chronicle

Q: married as a minor,wife 5 years older than me, asked to pay litigation

hi, i was 18 at the time of mariage, she was 24, i filed for annulment under hma, she cheated on me and also damaged my property. she used to earn before marriage, i am a student, dependent on parents, court asked me to pay litigation, is there any way i an avoid that, i wont be able to arrange it as my parents business also got shut down due to loss. and will i have to pay her alimony

Advocate Harsh Rathore answered
Under HMA Section 24, both parties must disclose their true financial standings, you can take the following steps Since she is employed before marriage, provide your counsel with evidence of her bank statement, Income Tax Return (ITR) or offer letter. Court generally do not award litigation expenses to wife with sufficient income You and your family must transparently file your detailed financial disclosure (e.g. Affidavit of Asset and Liabilities) Since your parents business bis also shut down, provide financial documents and ITR'S to prove you have zero personal income and cannot pay.Request your counsel to explore mediation route, which can sometimes results in manually agreeable terms and waive off complex maintenance band litigation cost.Under Section 25 HMA the court has the discretion to grant permanent alimony but it is not automatic Because she is qualified and previously earning, court may not grant her alimony, if you can prove she is capable of maintaining herself If you can provide concrete evidence in court regarding her infidelity and destruction bog your property, you can use her conduct as a major defense to argue against permanent alimony

Q: how to claim legal expense once session court allow appeal

i filed the appeal in session court against the interim order of DV case and session court set aside trial court order and allowed my appeal by stating that trial court has given the cryptic order and asked to decide fresh. In my appeal i prayed for the legal expense but session court did not mention anything on order for expense. Now how to claim legal expense of Rs 40000 that occurred for appeal.

Advocate Harsh Rathore answered
Since the Session Court has set aside the interim order of trial court, you can proceed with formal application under section 20 read with section 23 of Protection of Women from Domestic Violence Act, 2005 directly before the trial court to claim your expense.