Advocate Kabir Singh

Questions Answered by Advocate Kabir Singh

Q: Seeking alimony against the loss incurred due to marriage.

Respected Ma'am/Sir, With due respect, I would urge you to e me a concrete solution towards settling down my case.The core reality of my case is that my husband is impotent. Besides,he is gay. I lived with him and in-laws till 14 months.In those 14 months, marriage wasn't consumerated.How to get atleast, bit relief atleast,in terms of seeking divorce with a reasonable alimony? I simply want to get thecompensation against expenses incurred by family on marriage & the time,I was there. Regar

Advocate Kabir Singh answered
Hi,A concrete solution for settling your case with a suitable amount of alimony completely depends on the facts and circumstances of your case, and how well you can prove the same.If you haven’t filed a divorce, contact a legal practitioner/advocate immediately for the best strategy that suits your goals and needs.

Q: International Divorce what counter if served with no fault petition

I live in the US, have been served a no fault divorce. As no fault grounds is not valid in India, how should I proceed with response ?Got married in India. Now we both live in US

Advocate Kabir Singh answered
Hi,I believe you mean to say you have been served with a No-fault Divorce Notice. A no fault divorce if unchallenged during the divorce proceedings can be binding in India as divorce on mutual consent is a legally valid ground for divorce in India, and a declaration on the same can be sought under section 7 of the Family Courts Act, even if the divorce has been granted by a State Court in the US.How you should proceed with the response is completely dependent on, and unique to your particular scenario, and the legal strategy discussed between you and your attorney.

Q: Issuing of my daughter’s ST certficate as a single parent(mother).

I am a single mother(divorced) and no longer in touch with the father of my daughter. But, I state We both belong to the same community: ST, on the basis of which I want to issue my daughter’s ST certificate. I cannot provide ST certificate of her father. Is there any way that my daughter can be issued a certificate on my basis? What are the documents required and procedure needed to be followed?

Advocate Kabir Singh answered
Hi,Yes, as per the clarifications made by the Supreme Court as of Dec20205, your daughter can still obtain an ST certificate based on your ST Certificate (if you have one), otherwise proof of belonging to the ST community you are a part of (it is usually a certificate signed by two government servants, saying that you are personally known to them and belong to the ST community.Additionally, you will require your Daughter’s AADHAR Card, her residential proof (electricity bill, water bill etc.), and a proof of DOB (Birth Certificate, School Certificate or passport).Once you have these, you can apply through your state revenue department’s e-portal.The documents you require may vary depending on your state, so it is advised that you consult a legal practitioner in your state to guide you through the process.