Advocate Irfan S Patel

Questions Answered by Advocate Irfan S Patel (100+ answers)

Q: What Is The Safest Procedure If Wife Said She Want Mutual Divorce

My wife filled Domestic violence case and claim maintenance against me in 2021. Future she never come so court passed order she is not interested in maintenance and second is she is not interested in this case so case is stopped under sec256 of crpc...in 2025 March..court passed ex party decree in my favour of Restitution of conjugal rights..one year passed but wife not returned.. finally I filled Divorce u/s 13 ia,ib, 1A(ii)..on first date Court summon to my wife via Post ...but Summon is Returned and marked that 'REFUSED' if wife comes on next date and She do not file written statement..what can we do? And if she will may be say that she is ready for mutual divorce without any single ruppe..what is a legal procedure?

Advocate Irfan S Patel answered
if by your luck your wife agrees for mutual divorce immediately convert your contesting divorce into mutual divorce if she doesn't appear in court then as per restitution of conjugal rights case court will give ex party judgement but till मेंटेनन्स case can be filled by your wife in mutual divorce that right will vanished so if you can contact he's contact and convert divorce potion in to mutual divorce

Q: Income affedevit n Rajesh vs neha case income details in affedevit

My mediation is failed as wife demands 1cr so I want reply from veterans what to fill in income affedevit to hon.court ..1)salary bank account statement.2) all individual savings account statement.3) " joint account "too where mother is primary account holder n me as secondary account holder 4) only salary slips plus salary bank account statement # I m govt employee

Advocate Irfan S Patel answered
for government employees it's very hard to hide income there is only one way to tack loans as possible as and on salary loan amount must bi deducted from salary then in A and L affidavit you can mention loan and join loan deduction papers and tack advantage of minimum wages act

Q: I want advise for my sister situation, she is mentally toucher by husb

I want advise. my sister weeding was in 2014. after 4 years she suffers some mental issues in her husband house. her husband not ready to take care of her. they left her in her father home. she has child of 8 years old. her husband has oldest yelder father and yelder mother and his parents with him. he is farmer. he has two hekter land. how deal with this situation. They not ready to provide any support.

Advocate Irfan S Patel answered
firstly file dv case and then file partition case from son in dv your sister and her son will gate maintenance and in partition case your sisters son will gate his share of property so both will mentioned by your sisters husband and also her son will gate his share of property but first file dv application and after maintenance passed file partition

Q: I don't want to fight n I have schizophrea so can u give me free advc?

1st hearing h h Domestic violence case me..kya counselling me kuch hoga benefits. like at least ..she come at reasonable price ..??...Bcaz she is very rigid..n it's not her decision.. her father will say b4 appearing in counselling dont go below this amount...I want to settle this case out of Cort at counselling stage ..before final counselling date..

Advocate Irfan S Patel answered
in most cases it's not possible to reduce the amount you don't show what you want because your father in law will be misused as an agent if you want to keep some petion so use daily strategies and try to show that you are happy then only they will come to your amount untill that it's not possible so go ahed without settlement

Q: Putting question again in proper way I have put contested divorce cour

Putting question again in proper wayI have put contested divorce court has directed court has rejected to give more time to file ws n told us to prooceed without written statement resopondent has not filed reply what is the next step

Advocate Irfan S Patel answered
now your case will go on without say of respondent it is better for your case becouse no say no defence and your case is now on your side now in your case stage will be of affidavit fill an affidavit then stage will be cross if defendant not take cross then order will be passed by court of no cross then direct arguments