Advocate Mohammed Mustaq Ahmed Siddiqui

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Questions Answered by Advocate Mohammed Mustaq Ahmed Siddiqui

Q: Divorce on my husband due to emotional torchor and financial issues

My husband is like a syco he always used to black-mail me saying that he will die as he already attempted drinking of sanitizer , he shout for unnecessary reasons at anywhere at anytime there was so many things which i undergone into emotional torchor ...in this case do i get divorce but he is not ready to give divorce ...he always change his words....i and my One year baby want to save from him pls suggest on this

Advocate Mohammed Mustaq Ahmed Siddiqui answered
yes you have legal right to approach the competent Family Court seeking Divorce abd the court shall grant divorce on the grounds of mental harrassment and further you can claim alimony also if you are interested.

Q: Addressed To Appear Before Court With Surities,Can WE Skip

Hi,my sister has been given to appear before court in cheque bounce case for filing surities ,but she has been absent for 2 times ,this time she was told to appear without fail,if she wouldn't appear this time also,what will be the consequences,she is a govt employee and is under training,she had submitted the same for the court,this time also she can't make it, is there a way to get sometime for her to appear.

Advocate Mohammed Mustaq Ahmed Siddiqui answered
You can file petition under section 317 of crpc through your Advocate if you appointed an Advocate. If not you appointment an Advocate and he will convince the Judge and get one more date for appearance.

Q: How to respond to the Annulment petition when consummation happened

I got married last year and cohabited with my wife for nearly a month. I tried consummating the marriage but I could not because I was diagnosed with low-levels of testosterone. The doctor prescribed me some medicines and soon I could successfully consummate my marriage. Unfortunately due to some differences, my wife left for her parents' home and refuses to come back. I asked her to repeatedly come back but she refused. Family elders tried to intervene but to my shock she told them that the marriage was unconsummated and that I had a physical problem and was taking medicine and visited the doctor. While I agreed that I was prescribed medicine which helped cure the problem, it was an outright lie that the marriage was unconsummated. She has now sent an annulment petition stating the very same among other allegations.What steps must I take to protect myself and my family?

Advocate Mohammed Mustaq Ahmed Siddiqui answered
you can challenge her petition and can be dismissed. she cannot get annulment unless proved that you have sexual issues medically and when your marriage is consumated you can file counter case on her.

Q: If Mou Is Signed And Executed On Stamp Paper

If any mou is signed on stamp paper that dowry neither taken nor demanded then can it debbared to file cases again in future if dispute arises again

Advocate Mohammed Mustaq Ahmed Siddiqui answered
you can file cases on the new cause of action and circumstances that arises between it never barred any one to get justice and relief for which you are legally liable to get. To file cases the cause of action is required

Q: Mental Stress from last 15 yrs, unable to bear now

I have been married since 2007 and have 2 daughters 13 yrs and 3.5 yrs. Since my elder daughter there has been minimal intimacy between us. He is always dinerested and never takes out time for me or for kids. He supports us finacialy. I want to be out of this marriage. Need to understand how much time will it take Can he file for children custody

Advocate Mohammed Mustaq Ahmed Siddiqui answered
if you are not willing to continue marital life you can file for divorce either Mutual consent or contested one. Mutual consent divorce possible uf both parties agreed and it take 3 to 6 months if not contested. you can claim custody of minor children