Advocate Hetal Gohel

Questions Answered by Advocate Hetal Gohel (25+ answers)

Q: child name change in second marriage

Respected Sir/MadamI am widow and now I married again with divorce girl. She had a 4-year-old son.We have completed marriage as per Hindu shastra and apply for marriage certificate which we received. Now when I tray to change name of my son one of person told me you must have decree certificate by court. Now issue is that my wife taken divorce from sub registered with mutual concern.So please guide me simple process for decree or how can I change son name and add my name behind his.

Advocate Hetal Gohel answered
Based on the details provided, there are several legal nuances regarding the validity of the previous divorce and the procedure for changing the child's paternity records. Under the Hindu Marriage Act, a divorce is generally only legally valid when granted through a formal decree by a competent Civil Court. A mutual agreement or deed recorded at a sub-registrar's office is often insufficient for administrative purposes like updating a birth certificate or school records. To resolve this, your wife may need to obtain a Declaratory Decree from a Family Court to regularize the dissolution of her previous marriage.For the purpose of changing the son's name and adding your name as the father, the standard administrative process involves creating an affidavit, publishing a notice in two local newspapers, and then applying for a Gazette Notification. However, because the child is a minor and you are the step-father, authorities may require a formal adoption deed or a court order to legally substitute the father's name. You should consider filing a petition for a Declaratory Decree regarding the guardianship and name change in the local Family Court. This will provide the specific court certificate required by the authorities to update the child's documents legally and permanently.

Q: How to add safety condition in order passed under section-9 RCR by cou

By how wife (applicant) can pray / request to court for addition of safety terms in decree of Section-9 RCR which is passed by the same court? What are the provisions by law? How can court be accept the pray petition filed by applicant(wife) due to safety purpose before to live in matrimonial home? In the situation when Court has passed the order of RCR without any safety terms and no expense had passed with RCR order

Advocate Hetal Gohel answered
Under Indian law once a decree for Restitution of Conjugal Rights has been passed under Section 9 of the Hindu Marriage Act the court generally becomes functus officio regarding that specific decree however you can still seek safety terms and expenses through alternative legal provisions to ensure your security before returning to the matrimonial home. You may file an application for modification of the order under Section 25 of the Hindu Marriage Act for permanent alimony and maintenance or move a separate petition under Section 18 of the Hindu Adoptions and Maintenance Act. For specific safety concerns you should ideally file a separate petition under the Protection of Women from Domestic Violence Act 2005 to seek protection orders and residence orders which can run parallel to the RCR decree. The court can entertain a prayer for safety terms if you demonstrate a reasonable apprehension of danger to your life or limb as the right to live with dignity is a fundamental right that the court must uphold even while directing restitution. Additionally you can file an application under Section 151 of the Code of Civil Procedure invoking the inherent powers of the court to meet the ends of justice and ensure that the decree is executed in a manner that does not compromise your physical safety. It is advisable to document specific instances of past threats to justify the addition of these safety terms in your prayer to the court.

Q: Husband drinking and not behaving well

1Husband forcefuly took my sign on prenup after marriage date(back date agreement). That says I can't ask for anything and all legal action in his city. can I file case in my city in diff state. 2He drinks daily in gujrat & misbehaves with me, wht can I do legally 3 B4 marriage he took money from me(saying only then he will marry) to buy car and repair work total 7lacs which I transferred online to vendors/ his friends and his ac in his city, can I get it back.(Car n everything on his mom name)

Advocate Hetal Gohel answered
Based on the legal framework in India, the document you were forced to sign holds no legal sanctity as prenuptial or postnuptial agreements are not recognized as binding contracts under the Hindu Marriage Act. Any agreement signed under coercion or involving backdated entries is void under the Indian Contract Act. Furthermore, you cannot legally waive your statutory right to maintenance. You have the full legal right to file your case in the city where you currently reside under Section 19 of the Hindu Marriage Act, regardless of what that document claims.Regarding your husband's conduct, daily intoxication and misbehavior constitute physical and mental cruelty, which are valid grounds for seeking a divorce and protection orders under the Protection of Women from Domestic Violence Act. Since Gujarat is a dry state, his habitual drinking also carries specific legal consequences. For the 7 lakh rupees transferred prior to marriage, these transactions are backed by digital evidence and can be reclaimed as part of a dowry harassment or recovery of property suit. You should immediately consult a local advocate in your city to initiate maintenance and protection proceedings to secure your rights and safety.