Advocate Md Aammar Zaki

Questions Answered by Advocate Md Aammar Zaki (25+ answers)

Q: What is alimony right of divorce wife if a wife is govt employee ?

Am Hindu by religion & have been married under Special Marriage Act. Even after one year, my marriage was not consummated due to impotency of my husband & after several counselling by my parent & relatives my marriage failed. My husband & in-laws have pressured me to give up my government service job which I refused & ultimately after days of mental pressure I have decided to go for mutual divorce. My husband & in laws agreed for mutual divorce also but only on two conditions that they wont give any financial compensation & they want me to return all the jewellaries which I recieved from them & their relatives as gift Kindly note that my in laws belong to rich family & my husband has an annual income of 45 lacs per annum. I would like to know whether I can get any alimony from my husband during mutual divorce & whether I can claim the jewelaries recieved as gift from my in laws during my marriage. Please advice as the lawyer have said that I can't get any alimony as I'am a gov employee. please tell me what are the government employee divorce rules ?

Advocate Md Aammar Zaki answered
The wife has every right to lead a comfortable and dignified life as per standard of husband. He can't avoid liability of her maintenance by contending she is working and earning something to make ends meet. Income earned by wife is insufficient for her support. Therefore, it's for the husband to provide financial support.

Q: What consequences will be faced if i run away from my family

What are the legal consequences if I run away from home. I am being forced into marriage but I dont want to trouble my family legally. I have a boyfriend and I fear he might be penalised legally. What should I do to avoid all and still run away?

Advocate Md Aammar Zaki answered
Of you are an adult you are at a liberty to take your own decision and law is on your side. To safe guard your boy friends from any legal harrassment make sure you inform the police authorities both at local and higher level about your decision of leaving your family.

Q: Procedure to file divorce on basis of mental harassment by wife

Dear Sir meri patni mujhpe bewajah mujhpe shak karti hai jiska koe reason hi nahi or me aako batana chahta hu ki kuch saal pehle maine kisi tadah 1flate kharida tha jisk EMI me paid karta hu lekin flate meri wife ke name se hai kuchdin pehle wo apne maa ki ghar gayi mujhe ye bolkar ki me 10din me wapis aajaungi or tabtak aap kisi hotel me raho or flate ko lock karke gyi. lekin avi 20din se jayda ho gya or ab wo bolti hai me avi nahi aaungi aapko jo karna hai karlijye. or v bahut sari batein hai jo me aapke sath avi share nahi kiya hu. kripya aap mujhe ye batayein ki is case me kya meri flate mujhe phirse wapis mil sakti hai. halanki agar wo mere sath rehna chahti hai to me rehne keliye v taiyar hu. Aapka jawab ka intzar rahega. me aapko batadu ki wo mujhe har tadah se bahut harasment karti hai chahe mentally ho ya phir Body harassment.

Advocate Md Aammar Zaki answered
Cruelty may be physical or mental cruelty. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.It seldom matters whether you or your spouse own the property. If you are married – irrespective of the fact that a divorce petition has been filed – you have the right to occupy the property. If you are also looking after children, the case is much stronger. While the property may be granted to one or the other spouse in the divorce settlement, until this is done, both spouses have the right to remain on the property.

Q: Procedure to file for divorce if wife living separately since 5 years

My wife is not with me from 2013 till date can I file for divorce

Advocate Md Aammar Zaki answered
Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally. Important requirement is the mutual consent of the husband & wife. Contested divorce in India is a formal way of seeking divorce from your spouse who is not agreeable to the idea of divorce. Contested divorce in India reflects a situation wherein one spouse has finally made up his/ her mind to proceed with divorce. Importantly reasons for contested divorce are not your personal choice to come out of the relationship. Reason should be one which is attributable to your spouse whose conduct, actions, omissions and failure to discharge expected reasonable behaviour that has annoyed you to the extent that you come to a conclusion that living together is not possibility.Law provide various grounds to seek divorce from your spouse. Grounds for contested divorce, which are commonly used are:-Divorce on the ground of cruelty.Divorce on the ground of adulteryDivorce on the ground of desertion.Beside above, there are various other grounds such as unsoundness of mind, civil death, etc. to seek and start contested divorce in India

Q: Is there a special procedure to marry a divorcee?

I am a hindu, want to marry a divorcee woman, who having a child of 14yrs and she is 4years elder than me as per documentation. We are having 10years relationship and the child called me father. What is the procedure?

Advocate Md Aammar Zaki answered
You did not mentioned to which community does the lady belongs to. Assuming her to be hindu you can marry her as per Hindu Law and you can also marry her under special marriage act. Even if she is not a hindu you can marry her under Special Marriage Act