Advocate Payal Soni

Questions Answered by Advocate Payal Soni

Q: Can anyone go to the high court for getting stay on the divorce decree

Sir I am 34 yr old lady. Married in 2014 , apply for divorce in 2016 and get ex parte decree in 2017. But my husband come after 2 month of decision and appeal for cancelling the divorce. As per the current position if the court reject his appeal what will he do then. I mean can he go to high court to get stay on the decree of divorce given by family court. And what I can do after it.

Advocate Payal Soni answered
Dear , you have got the decree in 2017, and It was Ex party Divorce, any person can re open or apple against Decree in between 6 months ,if possible you talk to him and make friendly relation with him so that 6 months period will get over, once it will over, he cannot open or appeal ,,,

Q: First wife left me without reason i did 2nd marriage without divorce

Sir meri first shadi 2002 m hui thi. Jis ladki se shadi hui wo usne usk. Father k pressure m ki thi or 3-4 saal m wo muje chod k chli gai or divorce jesa kuch bhi proper case nh hua hmara. 2008 m mene dusri shadi ki jo abi present m h to kya ye dusri shadi valid h?

Advocate Payal Soni answered
Dear Mr..The second Marrige is not vallied till the time you will not get the Divorce , You can file the divorce, though she is abscond from couple of years , so you will get the decree soon.RegardsAd-Payal Soni

Q: Husband threatening to give divorce and asking me to leave the house

 My Husband is not working.He drunk mostally.He is taking medicine Mirgi from Jaipur.He wants Divorce.I have two son.Sister in Law and mother in law are forcing for Divorce. My Mother in Law taking Pension from Army .What should i do ?.I dnt want do that, My two sons is studying..Please suggest my rights and I need my sons.Mother in Law is forcing to left house without sons.

Advocate Payal Soni answered
If you want to satay with your Husband then no one can force you to stay away, you have to take a stand, But You have to think about your feature also, You have ground to take Divorce from your Husband , and at same time you can keep your Kids with you , We have sufficient way for that.

Q: Advice in case wife filed for fake complaint of dowry.

2 years old my marriage . But my wife is not stay more than 10 days in sasural.she live only Jaipur near her parents. Her drovery take already herself. She blame fake .she is danger and fake. Please right advice

Advocate Payal Soni answered
As you have mentioned she is fake and dangers, you should be more carefull, she can involved you in many cases, Better if there is no way to stay together then don’t call her at your home, Be polite and let her stay with her parents , keep all the records which will support you, Keep all the avidanc that she is not leaving with you form a long time , so that you can escape with few cases, and then you can put the Divorce Case ..

Q: How to get divorce or judicial separation from wife?

I am a person of 33.I got married before 3 years. My wife is a government servant and she lives at her father's home because her posting is there. I do a private job. I have a daughter of 1 year I and my wife both live separately due to our services. To live separate is not a matter the matter is this that she doesn't care of my matters and issues. She married with me only to show the world that she has a husband and she is not a bachelor. She doesn't take care even of my mother. She and her mother ever demand money from me. She goes anywhere in any function of our society whether I am invited or not. I am a private employee and she is a government servant but yet I don't have any financial help from her. I feel that I don't have any existence in this world and I am a valueless man. So I want to take divorce from her and please inform me that can I get divorce from her ? Or Can I get the legal separation from her for a short period like 1 or 2 years ? Thank you.

Advocate Payal Soni answered
Yes you can look for the Divorce :-Merriage is the foundation of the family the Hindu marriage Act 1955-came it is a this kind of the agreements mutually promise to live together in the relationship , its change the status of the both parties, giving husband and wife new right & obligation , Legally, a petition can only be filed after one year has elapsed from the date of marriage unless there are exceptional circumstances. The Hindu Marriage Act 1955 lists 9 grounds for divorce.Amoung them you have a 3 ground's- (1) Lack of Communication {2} :- Lack of Intimacy , (3) Desertion,, and Getting divorced will only mean that you will be free to Marry some one elce in the future and legal separations an arrangement by which a couple remain married but live apart,