Advocate Irfan S Patel

Questions Answered by Advocate Irfan S Patel

Q: Need divorce quickly, ready to pay with minimum amount for settlement

HiAfter one year of our marriage, my wife left me and she filed sec9 on me. I have made the decision that I am not ready to continue with her so I filed sec 13 1 ia.Court counselling failed and the next hearing is in June 2024.My problem is her intention was not to give divorce, no return back, no mutual divorce, only wasting time and demanding a huge amount up to 1cr. We are a middle class family. How to escape from this situation and please provide a strategy with a minimum amount & divorce

Advocate Irfan S Patel answered
there is only one strategy and that is the application which is filed against you in that definitely maintenance order will be passed against yo. after that you must didn't pay maintenance properly , after some months your wife will definitely become angry on her advocate that he is not working properly. at that time your wife's ego will definitely come down and her anger will come over and at that time you may finish all matter at affordable one time settlement amount. This is only one way to fight agents fall cases

Q: What exactly is Streedhan? Is it possible to recover ?

What exactly constitutes streedhan? Does it include the jewelry and gifts given by in laws also to their daughter in law? My husband and in laws have taken away them in my absence and abandoned me..I donot have any bills of them as they were old Jewellery...is it possible to claim it back?

Advocate Irfan S Patel answered
yes it's not only posible but it's law streedhan means that all thing which is owned by wife or goat in gift to her but the thing is only that you must prove that that all jwellory are gifted to you and now it's in there possesion don't bother about it only make efforts to prove that they are gifted to you then it will be streedhan

Q: Gift deed before Mutual Divorce

My wife has filed Mutual uncontested divorce.1.What is the stamp duty for Release deed in Mira Road Mumbai.?2. Gift deed or Release deed which is better?3. As per the consent terms, I transfer jointly owned flat to wife's name is the only consideration. As mutually agreed there is no maintenance amount for my daughter. Is there any chance the court will ask me to pay maintenance against the consent terms?4. Can I revoke the gift/release deed in case the court ask me to pay maintenance?

Advocate Irfan S Patel answered
if there is mutual consent agreement and that agreement is produced in court as mediation pursis then court will not interfere in that then whatever it contained court even not read that mutual agreement only court will ask whatever is written is correct and in your knowledge correct that's enough your other questions are relating to property it's civil nature so consult with civil lawyer

Q: My wife file divorces case as now they say like as below

Applicant present and legal expert present Non-applicant absent and legal expert present D-No. 14 - Application for permission to file documents. Order passed. Application approved. D-No. 15 - Dust Substitution List. file. No. Heard on 5. Case No. For orders on 5.

Advocate Irfan S Patel answered
what is your question you didn't mention any question. whatever you are mentioned its and Roj Nama according to that it's about ex 5 hearing and there was argument on ex 5 and now your case is on order of that

Q: Matrimonial issue, kindly help me and my family.

My wife has filed a section 12 1 c of annulment stating i have done a fraud on her regarding my qualification (even though i sent all my certificates to her )and that we denied moving to a rented flat that we showe her and her family before marriage(but we couldn't shift in 2021 because of the numerous corona cases).I am confused if i should be filing a restitution of conjugal rights or contested divorce as they have done a huge fraud on us and we are hoping for a mutual consent divorce.

Advocate Irfan S Patel answered
in same case file restitution of congugal right application in her suit it will help you to fight for mentance application there will be mediation at that time give her both option divorce and restitution