Advocate Nidhi Dhaval Patel

Questions Answered by Advocate Nidhi Dhaval Patel

Q: What to do if my family is forcing me to get married

Dear Sir, M 32 yr old girl, staying in Gujarat. M a working girl & i have my some ambitions but my parents & brother are forcing me to marriage. Even they already decided my marriage to someone. If i refuse to marriage they forcing me to stop my job, thay shouting me, hitting me, they told they will come at my work place & creat a seen over their. They make me financially week, So after that i have no option except marriage. What should I do?? Pls suggest.

Advocate Nidhi Dhaval Patel answered
You are adult of 32 yrs and at this age no one can force you to do anything for your life, law says no one can force you but if your family is forcing you then you can ask abhayam helpline to help you. This is your life and there is no law which forces someone to do anything without their consent.

Q: Is a decree of divorce needed to remarry

I have signed a document called as lagna-vichchhed karaar in front of subregistrgistrar on 22/06/2017. I want to marry another person of my choice and want to go abroad for higher studies as well with spouse. Do I need to get a decree of divorce or the document which I have is sufficient to re-marry again ?

Advocate Nidhi Dhaval Patel answered
The documents you have is sufficient for remarriage with the person of your choice but if you want to go abroad then you have to get the decree from the court so, if you want to go abrod then you must have to get the decree.

Q: can denial of physical intimacy be a ground for separation

My spouse is denying sex for more than 5 years is it ground for divorce if yes alimony have to pay or not if yes how much my salary is 70000 per month and I have a daughter of 11 years old. Please advice me.

Advocate Nidhi Dhaval Patel answered
Yes, you can file the divorce petition against your wife relating to this ground but you have to submit strong evidence with the petition to the court. And you have to provide maintainance to your daughter if she is not ready to stay with you.

Q: Husband want divorce as wife had physical relation with another man

 I am 27 year old. my marriage had 1 year & 11 month. My wife had a extra affair with other boy in 9 month and they had a legal document of maitri karar ans they had a phisycal relationship. so i want to divorce so what are the rules.

Advocate Nidhi Dhaval Patel answered
You can get the divorce from your wife. You have to follow legal procedures of hindu marriage act for getting divorce. You have to submit this maitry karar as an evidence and also another reliable documents on which the court can be relied for you divorce.

Q: What to do if in-laws are not letting my child meet his grandparents

My in-laws dictated to my parents some specific value of items/money as gifts to be given during the celebration ceremony of my first pregnancy (called "vehvaar" in Gujarati)). My parents disagreed to this and said we will give as per our capacity, and that this is kind of gift which cannot be compulsory. As a reaction my father in law decided to totally disconnect from my family and my relatives, also ordered my husband to do same. Further he ordered me that I will not be allowed to take my child with me when I want to meet my relatives or parents. Also, he does not allow my relatives to visit at our home and meet me, though I am allowed to visit their place to meet them but without taking my child with me. My son is just 1.5 yr old, hence cannot leave him and go anywhere. Please advice whether this kind of unreasonable Dominance on my rights is rightful?

Advocate Nidhi Dhaval Patel answered
No, your in laws could not make such kind of restriction for you. It not compulsory to fulfill their demands nor to follow their instructions regarding your son. The demands that your in laws puts against you is just completely illegal and illogical.