Advocate Manju Jaglan

Questions Answered by Advocate Manju Jaglan

Q: Suggestion required for Divorce

Hi,Me and my husband are ready for a mutual agreement for a divorce and custody of my 6.5 year old son. I wish to get this documented and separate. Will this also require judicial separation or just documentation of responsibilities can be done ?

Advocate Manju Jaglan answered
If both of you have agreed for mutual divorce and also agreed on terms as to custody and alimony , then separate judicial separation is required . All these terms will be recorded in your petition itself.

Q: Husband Saying He Has Nothing To Give Monetarily

I got married 4 months back n my husband n his family behaviour hasnt been good. Also he could not establiah physical relation with me. We have filed police complaint against him n now m at witb my parents . he appeared in police counselling n said he will give me divorce but has nothing to give me as alimony whereas he can give but he is super miser.

Advocate Manju Jaglan answered
Divorce petition can not be filed before one year of marriage unless there are extremly depraved circumstances . But maintenance is your right and he is legally bound by law to maintain you, as long as you do not take another Husband .

Q: Wife not responding to filing of divorce case

Married in Nov 2014, separated in Oct 2015.. My wife filed 2 false cases dowry and domestic against me on Aug 2016 and then I filed a Divorce case on Niv 2016. Its been a long time that they are not even responding. They neither came in the court nor talk about any settlement..I dont know what they want.. Please suggest

Advocate Manju Jaglan answered
Sir in case if they are not responding even after sending repeated summons from court , then you will get an exparte divorce decree in your favour. An exparte divorce decree is final unless set aside . Kindly elaborate the status of other two cases filed against you .

Q: How to legally ask wife to come back home

I married in april2017 everything was going good but suddenly I got to know about her boy friend through her personal dairy and that person was still in touch through social media I question her about it because she didn't share with me her past life earlier when I ask and she told me everything about it now I was OK with that she told she does like him I told OK ask to close the matter an continue our life but after few months some one telling wrong about my wife indirectly. I felt very bad .at that time my parents were not there to whom i can tell about it so I told to my wife parents instead of taking action they blame me and told me charechterless and now Since last 8months my wife is not came back to my home her parents are not ready to send her back after meeting done by both the side of parents girls parents told that they will not send her for 2years and after that they will think about it me and my parents are not agree on that now I want my wife to be with me so tell me what to do?

Advocate Manju Jaglan answered
The way to bring her back is by filing a suit section 9 of hindu marriage Act i.e. for restitution of conjugal rights. According to it if a peraon a withdrawn himself or herself from the company of his or her , husband or wife without any reasonable cause , then the court can pass a decree for asking the party so withdrawing to resume cohabitation with the petitioner.

Q: I want to divorce my wife but she does not want to leave me

My marriage was done in April 2018 and it was forcefully and arranged. I have also told the girl I don't want to marry her because I don't like her but she puted pressure on me that she will file a dowry case if will not marry and the broker have created a scenerio that girl is innocent and pure my family got believed them but after marriage I have listened her to talk someone else and she never talk to me in manner from first day. After that my family want to adjust with her bcz they have no money to spent on cases and I have left my home but girls family threatening my family and asking they will file any case of harrassment or dowry in police. I want suggestions how I can handle this situation and get separate from her. Should I file any case against him

Advocate Manju Jaglan answered
Normally, you can not file divorce before one year of marriage but if u can there is extreme depravity on part of respondent then you can file divorce even before one year. Bring in a adultrous relation since the time of marriagr itself is one of such case . You must file divorce soon , before she takes any action against you.