Advocate Hirak Sinha

Questions Answered by Advocate Hirak Sinha

Q: Is is possible to file divorce before completion of one year

2days after marriage, iam getting tortured emotionally.getting verbal abuse from my husband. Can the marriage be null and void.marriage is not yet registered. Pls suggest. Its urgent

Advocate Hirak Sinha answered
In both the acts i.e Hindu Marriage act or in Special marriage act you can present your case of Divorce before the competent court of law before expiry of one year of marriage if the grounds is mental or physical cruelty, In your case its required to discuss in details about your problem.

Q: Is a notary divorce paper valid

i received a notary divorce by my wife and it has only supreme court advocate seal and only her signature on it stating from now we are free and not husband wife and if anyone one interferes in her remarriage court will reject it.is this valid for her to remarry in court again?will the court get her remarried again with a notary divorce paper?is it valid?

Advocate Hirak Sinha answered
No its a totally wrong concept, if there is a marriage ,in no case notary divorce by your wife and it has only supreme court advocate seal and only her signature on it stating from now you are free and not husband wife and if anyone interferes in your wife's remarriage court will reject...the divorce must get from the competent court of Law.

Q: How can i file for divorce

My wife is cheating with me. How do I proceed with the divorce? Her family is very influential and they will try to bring my family into lot of trouble. How can I create a full proof case so that I can get out of this savage wedlock? Me and my wife live abroad and our families are in India.

Advocate Hirak Sinha answered
You have to narrate your case properly...in a concise form. Its better to consult with an Advocate, after consulting with him or her as per legal requirement of the case, the Plaint/ application for divorce should be drafted.

Q: Can I get marriage annulled on husband being impotent

My husband tricked me into marrying him by concealing fact of his being impotent. My several tries to get him to a doctor failed. Then he started torturing me in all possible ways i fell extremely unwell due to his cruel behaviour i was under medical treatment for a long time. Around 1yr 6months have passed since marriage. Iv filed 498a and Dv act and my husband has filed injunction and judicial separation. if i file for annulment am i eligible for alimony.

Advocate Hirak Sinha answered
It's better to file a case for divorce On the ground of mental cruelty,as you did not mention by which Act your marriage was registered...It's better to consult about the case directly. There are other factors which are also important to know prior to give proper suggestions.

Q: Can I file for mutual consent divorce after 5 months of marriage

My wife wrote in a white paper that she wants mutual divorce and going to paternal home with her father in her own accord forever. She fil me my mother signed the paper. Can i file divorce on this i have audio recordings that she wants divorce. Her father came with police to take her but police after understanding that she and fil are wrong they went away. I dont want to continue this relation. It is 5 month old so cant file mcd. What to do and what evidence do i need to file divore and win it. Marriage under hindu act and registerd.

Advocate Hirak Sinha answered
In mutual consent divorce,the main ingredients are free consent from both the parties.one year separation and it is also provides in the act that the marriage must be galvanised solmanised more than one year. So you may file a suit for contested divorce.