Advocate Prashant Kumar

Questions Answered by Advocate Prashant Kumar

Q: What is the procedure for filing for divorce from my husband and seeking child custody in India, esp

Hello, I have been living with my husband and our 14-month-old baby. My husband refuses to agree to a divorce. I want to divorce him and seek custody of my child afterward. Can I apply for divorce online, or what is the procedure to initiate unilateral divorce proceedings?

Advocate Prashant Kumar answered
You cannot apply for divorce online and there is nothing called one side divorce. However, the court can proceed ex parte if party is not appearing before court despite service of summons. In case of ex parte, the court can pronounce judgment in the absence of another party, However, it is not necessary that ex parte shall necessarily result in decree in your favour.You can file a petition for divorce before the family court where you are residing or the marriage was solemnized or both the parties to marriage last resided together. You can contact a lawyer to file a suit.You have not mentioned the ground on which you wish to seek divorce. Please mention complete details.

Q: Legal procedure for contested divorce

I want to divore my wife but wife didnt give me a divorce than wat should i do

Advocate Prashant Kumar answered
Please confirm the ground/s on which you are seeking divorce. You can file a petition for divorce on grounds mentioned under section 13 of the Hindu Marriage Act, if covered by it. The petition can be filed in any family court within the jurisdiction of which marriage was solemnized or both the parties last resided together or you are residing.

Q: What if transferred case withdrawn and filled again at original court

My sister is separated for the last 5years. She has two kids. She leaves at Delhi now. We used to leave at jammu and she was married there. Her husband filled a case for custody in 2015 at jammu and was transferred to Delhi through Supreme Court. However, few months after it was transferred her husband withdrew case with liberty. Now he has filled same case again at Jammu. It's defeat the purpose of being transferred initially. Is it allowed? If not what should be done in this scenario?

Advocate Prashant Kumar answered
You will again need to move the Hon'ble Supreme court for transfer or contest the suit in Jammu. One a case has been withdrawn it is end of that case and new case can be instituted if there is no express bar in institution of any further case.

Q: Remarriage after high court's divorce decree & certified copy of same

Hi .. i got divorce from family court and confirmed by the high court as well on 23.11.2017 ...... the OP applied for certified copy on 24.11.17 and got it on 29.11.17 ...now i need to know when can i remarry ?

Advocate Prashant Kumar answered
The limitation period for preferring a special leave petition is 90 days and one cannot marry within 90 days.. but that period has already lapsed and if opposite party has not filed SLP then you can marry now.

Q: Procedure to file for adultery against husband while divorce pending

i was married to my huband in 2000 as hindu rites. My husband filed divorce case 3 years back, now i came to now that he has fathered a child from some woman. what step can i take against my husband. how can i file for bigamy. DV and crpc 125 is under court.

Advocate Prashant Kumar answered
Please confirm if the divorce has been granted or it is still pending. If divorce has been granted and thereafter a son has born out of relationship with another lady then no issue. However, if divorce has not been granted then you can lodge an FIR. If you have all the proof then you can also file a complaint case. Get in touch with a good lawyer and he/she will guide you with this.