Advocate Lokesh Rathi

Questions Answered by Advocate Lokesh Rathi (25+ answers)

Q: How to divorce my wife (both hindu) arranged married since 1yr 2months

Argued on 70-80% of days since marriage. I am from Delhi and she from Bihar. She & her family has a problem of EXAGERATION of smallest of problems. Power tussle since day 1 between my wife and mom, both non-working, emotional and full of ego. My job is WFH. Tried mediating, but it gets worse. Both my mom and my wife's family interfere a lot and hence the mutual dislike. Now my wife is at her home since 2 months, wants baby, says will stay there only. I don't agree, want peace, growth in career.

Advocate Lokesh Rathi answered
In that case a family settlement can take place a formal MOU can be made by us and get both the parties sign it. However this is not a permanent solution. A restitution of conjugal right can be filed after a particular time.

Q: Is arbitration possible for damages of false criminal complaint

We have family property dispute. Some family members fie false private criminal complaint to negotiate on their terms. Criminal case is going on 12 years already but now those family member are asking for arbitration. Is property settlement possible with arbitration? How to settle damages of false criminal complaint - is arbitration legally possible?

Advocate Lokesh Rathi answered
Arbitration are done mostly in the contracts where there is a clause or an arbitration and an arbitrator is appointed by the choice of the parties. Mostly in such cases people go for mediation where a mediator appointed by the authority for solving the matter and where they let the parties talk and they hear from both the parties which is not like a court hearing its like a casual meeting parties sitting on the table and talking.

Q: Issuing of legal notice to opposite party

I want to know, who can issue an Legal notice against the opposite party. Do I have to hire a lawyer to do so or I can draft it on my own and send it. Also what difference will it make when I send it through a lawyer or I prepare it myself and send it.

Advocate Lokesh Rathi answered
Sending a legal notice through an advocate makes an impact when it has an advocate stamp it shows that the lawyer is sending a legal notice which shows a warning to the concerned party that if the same is not done then a case will be led by your lawyer against them.

Q: Regarding marriage to cousins and her family not agree

Want marry with my father's sister daughter (cousin)

Advocate Lokesh Rathi answered
No, according to Hindu marriage laws, a person cannot marry their father's sister's son, as this would be considered a prohibited degree of relationship, essentially making them first cousins and therefore not allowed to marry under Hindu law; this is due to concerns regarding genetic issues and maintaining social norms within the family structure.

Q: My husband was impotent shall I get share in my law property

I filed sec9 and my husband filed sec 13 1ia. No kids. Current status is cross examination trials going in court. My husband priced as impotent by the court. Now I can get share of my in law properties as permanent alimony. If not how I get it because my husband had only job no properties on his name yet. I filed sec 498a case also.

Advocate Lokesh Rathi answered
You can demand alimony as per the financial condition of your husband and if he does not have any property which is in his name, then you have to prove that he has legal right over that property and he can pay the alimony from that property, you can get a good amount of alimony