Advocate Karan Dua

Questions Answered by Advocate Karan Dua

Q: I want Talaq as per muslim personal law. Please suggest.

Hi, I want to divorce from wife, but she's not agree. Please suggest how to divorce my wife as per muslim personal law. The divorce reason is - my wife is not faithful, she's cheater.

Advocate Karan Dua answered
For that you can send 3 notice of talaq to your wife stating the reason for talaq to her.Said 3 notices should be sent in 3 months and the reason of divorce should be details so that she could not challenge the veracity of that notice

Q: Child custody needed leaving seperately

I am a dr in govt hosp. My wife is a curator in govt museum in delhi. We are leaving seperately for for than a year now. We have 2 children boy 11 yrs and girl 4 yrs. My wife has put a false case of dowry and harrasment after leaving seperately for a year. Now marriage is 12 yrs old. I have not seen my kids for a year now. How to take custody of my children.

Advocate Karan Dua answered
Hi, SirTaking custody of the child is not an easy job for father, but for that you have to show the court that you'll take care of the children in the best possible way, better from their mother. Infact for that you have to draft the petition which will speak on your behalf that what is your belief and vision about the children and where you see your children in the near future and what steps you have taken or you'll take to achieve that goal. Instead of writing the cruelties which were caused by your wife in the child custody petition, you should mention how caring father you're, because in child custody petitions, welfare of the child is paramount consideration of the court. I cannot guarantee you that on the first or second date I'll able to provide the custody of the children to you but we will start with meeting the children in front of the court and gradually we'll ask the court for the shared parenting and then we'll straight away ask for the custody of the minor children.It is a time taking process but the guaranteed process for getting the permanent custody of the minor childrenYou can also contact me for consultation and discuss the things in details.

Q: Execution petition for maintance

can execution petition u/s 125(3) of crpc be filled for court order passed under HMA section 24 or it can filled u/s 28(a)?

Advocate Karan Dua answered
it should be filed u/s 28 (a) of Hindu Marriage Act. as we cannot mix both the cases together and both type of execution are different in nature. There are lawyers which file the similar types of execution in two different aspects of law

Q: Eviction suit filled by in laws

Sir mere saas sasur ne DM k paas eviction suit file kiya hai..dono ki age 52-53 year hai.. shadi ko 5 year ho gye hai..pehle sec 9 unhone Kiya tha 2018 me and women cell me sattlement ho gya tha fir laane k baad rent par bhaja waha pareshan kiya fir me mayke chli gyi and husband ne fir se sec 9 ka notice bheja laane ka fir mene reply Kiya ki matrimonial house me aaungi then wo le aaya lekin 20-25 din baad fir se rent par jaane k lie bolne lga mene mna kiya to wo saas sasur k sath milkr mukhe chhodkr chle gye hai..mein 3 year ki beti k sath akeli rehti hu sasural me 7 month se...fir mene women cell me case kiya and FIR ki copy mil gyi hai..mera stridhan furniture etc husband ne rent pr apne paas rkha hai wo dene se mana kar rha hai and saas sasur kehte hai ki laane ni denge kya DM mujhe evict kr skta hai..

Advocate Karan Dua answered
You can file application u/s 12 of Protection of women from Domestic Violence Act in which you can claim residential rights u/s 19 of DV act. There is one recent judgment of the Hon'ble Supreme Court of India Satish Chander Ahuja Vs. Sneha Ahuja also help you in the same

Q: Can I show rti as evidence in high court if we have not submitted

Can I show rti as evidence in high court. Can the judge refuse to take rti as she saying that we should have filed the rti in session court.The sole evidence we have is rti and she is refusing to take it as an evidence

Advocate Karan Dua answered
yes you can show it in high court as the said document have been received by you at this point if time and your advocate should satisfy the court that the said document was not available at the time of trial court