Advocate Jhalak Bhatia

Questions Answered by Advocate Jhalak Bhatia

Q: I have a pending divorce case on grounds of separation which my spouse is contesting. We have been

I have a pending divorce case on grounds of separation which my spouse is contesting. We have been living apart since 2011, both with independent households. She is financially independent and so am I. Our 20 year old lives with her and is ready for college. I filed for divorce in January 2018 on grounds of desertion and cruelty but she is contesting and not ready to negotiate mutual consent. My case is just dragging on with no end in sight. Is there anything I can do to expedite my case? My ex-spouse doesn't seem interested but I am very interested in moving on with my life. She will not come to the table or wants to talk. Is there anything I can do other than this slow court process which could take years? How long more will it take yet? Can she get the case dismissed? Her defence is that although we were living apart for 7 years there was no desertion. She had refused to come live with me , with my family or allowed me to live with her since 2011.

Advocate Jhalak Bhatia answered
You should continue to with the divorce case and should use the grounds i.e Irretrievable break down of marriage. There are so many case laws related to it which can help you and support your argument. for further help please revert back

Q: Dv and maintenance case Filed by me but further how things can sort ou

I filed dv and maintenance case against my husband and log FiR also in june month but court case hearing till not started ...i did as he have not communicated since i left home and also tried to threaten ....but since 1 month ..we r having conversation and video calling for our child as child is with me ...ext month i have first hearing ...please guide what to do in this consent as i never want sepration but vo ghar le jane k liye abi b ready nhi h ...he is saying he dont trust me ...i getting weak emotionaly ...i dont know wat i do ...

Advocate Jhalak Bhatia answered
If you really want to be with him you can try up for mediation where may b there are chances you both will able to understand each other point or you may stand by your cases which you have filled and let him realise

Q: Want to know Law under which IPC

We are in relationship for 4 month, actually he proposed me for marriage because we both are mature, adult and working. He took me to his family, I met his family members all know about the relationship from his side. My fault is this i didn't tell about this to my parents because my parents are orthodox, but he knows this because I resisted him to come close to me because marriage is a decision of both families also, but he convenced me with all his love and care that he will convenced my parents, I agreed because his family is involved so I thought he will never chested me. He did physical with me lot of time with my consent only , we both are in love, but after 4 month he started ignoring me, started blocked me, I tried to talk ,even I called him a lot ,text him lot ,he didn't reply, his family blocked me, his friends blocked me, they told me he is already had gf, but he never accepted. I want to know is this cheating or I should move on.

Advocate Jhalak Bhatia answered
You should take legal action against him. You can file case of Rape against him as the became physical with you by making you believe that he will marry you. You should file the case against him he should suffer for the wrongs he did.

Q: What Needs to be done after wining a NIA Act 138( complainant)

Hi we, have won a Nia case complainant in fb 2020, due to lock down we were not able to make a (execution) sort of in the court, no we have demanded for the recovery from the court, Court has issued NBW against the accused and he has surrendered himself in the court had court has sent him 14 days imprisonment. what is to be done next.???

Advocate Jhalak Bhatia answered
There are 100% chances that your you will get your money back.If in case the accussed person fails to pay the amount in the procedure of Execution then Court may attached his property and will recover the whole amount from that property.(Property in this includes any moveable or immoveable property).

Q: To know about process of service of summons

Hii gd evening...ek complaint case filed hua tha 2015 m ...is case mujhe y Janna h k summons served hue ya nahi ...hue h toh kis par served hue h?...pls helps me...

Advocate Jhalak Bhatia answered
To check whether summon has been served you have to share the case details so i can check online ...Summon kisko serve hote hai kab hote yai ye judge ke Order sheet par mentioned hota hai to order ki copy niklege usme he pta chljaega ORIf you can go yo court you can ask from the munshi present there.