Advocate Pratik Khare

Questions Answered by Advocate Pratik Khare

Q: File a divorce petition before the Family Court on grounds o

File a divorce petition before the Family Court on grounds of Desertion (14 years separation) and Adultery/Cruelty (her remarriage during the subsistence of your marriage).

Advocate Pratik Khare answered
If you and your spouse have been living separately for 14 years, you can file a divorce case on the ground of desertion (abandonment), subject to the facts of the case. If your spouse has remarried while your marriage was still legally subsisting, this can also be taken as a serious ground in the divorce proceedings.You should mention the complete facts in the petition and provide evidence of the 14-year separation and the alleged remarriage. Consult a family-law advocate with the marriage and remarriage documents before filing.

Q: 13(1)(1a) me case file kiya hein muje kya help mil skti h

Meri wife ne 13(1)(1a) me divorce file kiya hein aur notice me mera adress galt dalwa diya hein ab ex party sab chal raha hein court meinkya iske liye muje kuch remedy milegi kya agar ha to kya remedy milegiaur kya is court case me sirf divorcehoga ya allmoney bhi decided ho jaegimuje kya decision aane k baad highcourt mejana padega kyu muje notice nh mile aaj tak divorcekein

Advocate Pratik Khare answered
यदि आपको वास्तव में divorce petition की कोई वैध notice/summons प्राप्त नहीं हुई और पत्नी ने जानबूझकर या गलत तरीके से आपका पता गलत दर्ज कराया है, तो आपको remedy उपलब्ध है। यदि अभी ex-parte proceedings चल रही हैं, तो तुरंत संबंधित Family Court में उपस्थित होकर ex-parte proceedings recall/set aside करने तथा case contest करने की अनुमति मांगें और non-service of notice का स्पष्ट आधार रखें।यदि आपके विरुद्ध ex-parte divorce decree पहले ही पारित हो चुकी है, तो Order IX Rule 13 CPC के तहत ex-parte decree set aside कराने का आवेदन किया जा सकता है, साथ ही Section 28 HMA के तहत appeal का remedy भी उपलब्ध हो सकता है। देरी न करें, क्योंकि limitation का प्रश्न भी आएगा।Maintenance/alimony स्वतः divorce case में तय नहीं होती। पत्नी Section 24 HMA के तहत interim maintenance और litigation expenses तथा Section 25 HMA के तहत permanent alimony मांग सकती है, यदि वह अलग से claim करती है और कोर्ट परिस्थितियों के आधार पर उचित समझता है।इसलिए High Court जाने का इंतजार न करें। पहला कदम उसी Family Court में तुरंत appearance देकर non-service और ex-parte proceedings को challenge करना होना चाहिए। कोर्ट के आदेश और case की वर्तमान stage देखकर सही application तय की जा सकती है।

Q: Expertise order from supreme court to lower court section 13

I had filled divided case section 13 on Dec 2024 and no reply from opposite party and cases were transferred to another state on January 2026 and supreme court ordered lower court to expertise the section 13...it's around 7 month is going to over but only recently they replied.. In this situation how to expertise this case based on supreme court ordered please guide that and share reported case for reference

Advocate Pratik Khare answered
If the Supreme Court has specifically directed the trial court to proceed with the Section 13 proceedings, the matter should proceed in accordance with that order and the applicable procedural law. If the respondent has filed the reply after an unexplained delay of about seven months, you may object to the belated filing and oppose condonation of delay, particularly if earlier opportunities were already granted and no sufficient cause is shown.The exact course of action, however, depends on the wording of the Supreme Court’s order and the previous orders passed by the trial court.

Q: Girlfriend is Forcing me to marry her

I met this girl in April 2025 through a dating app and then we decided to marry if she gets a government job but our relationship has been very toxic and we have even hit each other . I want to end the relationship but she refuses to end it and blackmails me that she will spoil my life it I don’t marry her .

Advocate Pratik Khare answered
If both parties are adults and the marriage has not yet taken place, no person can be legally compelled to marry against his or her free will. Mere promise of marriage or being in a relationship does not create an enforceable right to marriage. If the woman is threatening, blackmailing, or pressuring you by threatening to defame you or ruin your life, preserve all messages, call recordings and other evidence. Avoid any further physical confrontation and communicate preferably in writing. If the threats continue, you may submit a written complaint to the police seeking appropriate legal protection and action. If you apprehend a false complaint, you may also consider giving a prior written representation to the concerned police authority with supporting evidence.

Q: Wife'e Ex-parte permanent maintenance order was recalled

Wife's and 2 minor sons ex parte permanent maintenance order was recalled at the cost of 5000 without paying arrears of 1.5 years 18lacs and now husband is not submitting his affidavit and bank statement to delay the interim maintenance order.Wife evidence are submitted salary slips of husband and her 3years bank statement and affidavit.husband is not appearing in the court now.Only his lawyer comes with delay tactics.if he doesn't submit affidavit,bank statement interim won't be fixed by judge

Advocate Pratik Khare answered
“No, the Court should not keep the interim maintenance application pending indefinitely merely because the husband is not filing his affidavit or bank statements. If sufficient opportunity has already been given, the Court may close his right to file the documents and decide interim maintenance on the basis of the wife’s salary slips, bank statements, affidavit and other material available on record. The Court may also draw an adverse inference against the husband for withholding his financial details and delaying the proceedings.”