Advocate Preeti JD

Questions Answered by Advocate Preeti JD

Q: What to do if friends father harasses his wife and his children

I have a friend whose father is continuously harassing his wife and two children for no fault of theirs. He has a drinking problem and is abusive as well. He is hell-bent on making their lives miserable. He does this on a daily basis and threatens them as well. His psychotic behavior even led to a broken engagement of one of his children. He threatens them that if they take any action, then the consequences will be fatal. He is under depression but refuses to take professional help or his medicines. Please help!

Advocate Preeti JD answered
Hello. Kindly convey ur friend's wife to lodge a complaint at nearest women cell. They will call him and take further mandatory steps to ressolve the issue. Your friend's wife can also file a domestic violence case against her father in law and can get an injunction order from court.Thank you.

Q: Procedure to take divorce and who will have the custody of children

I m married since 8 years have 2 kids ..my husband mentally torturing me as I m house wife every time he use to say go out of house having abusing language physical torture etc n saying he will take kids.on which basis I can take divorce.how much time it will take n who will have children

Advocate Preeti JD answered
Hello.You can file a contested divorce in family court on the basis of mental, emotional and physical cruelty.. simultaneously u can filedomestic violence case against him. Contested takes around three to five years.In general children under 5 years court consider mother as a primary guardian but againCustody depends on many factors including mental and physical health of a guardian.Thank you

Q: Wife filed for contested divorce and cruelty

I separated from my wife after discovery of her affair and she has not admitted it. She has filed for mental cruelty contested divorce case against me. What should be legal options? My main objective is establishment of her affair. Thanks

Advocate Preeti JD answered
Hello, If you have any documentary proof against her keep it with you, it can be proved at the time of evidence stage. Though you cannot file any adultery case against your wife but definitely lodge a complaint against a person with whom she was involved.Thank you.

Q: In laws forcing daughter in law to leave their son without their will

My cousin sis and her husband are happy together but her inlaws want her to get separated from their son.She is not even living with them .She is living in a rented accomodation.Not even asking for any share in property or doing anything wrong ..but then too her inlaws keep her blaming if ever their son argues with them .They put all the blame on her .So I wanted to know can parents forcefully separate the couple without their will .They are happy together and performing all their responsibilities towards parents .Inlaws are living in a huge house but then too son and daughter in law are living in a rented flat ..but they are happy with this too .Both of them visit the inlaws daily take care of them too.

Advocate Preeti JD answered
Hello, no they cannot. If two have decided to live their life together noone can apart them. Though, her in laws if aggrieved can disinherit his son from their property but same can be challenged in court.Thank you.

Q: Wife deserted husband and took children want to file for child custody

Respected Sir, These days, I am in a state of severe mental trauma. My wife has deserted me. But She is not living with his parents.She has rented a house in other city.My two children are also with her. I have met her several times during this period of 6 months. I tried my best to persuade her. But she refused to stay with me. Sir, now I want to know can I take away my children from her (by using any other mean). Can any police case be filed against me in this situation.? Can this be treated as a case of kidnapping me ?Sir, after all they are also my children. I have full right on my children, sir. No court order have so far been given regarding child custody.Sir please guide me. I am taking sleeping pills these days. Can I take away my children from her ?

Advocate Preeti JD answered
Hello ..sorry to hear this..kindly don't exaggerate the situation further, try to ressolve it amicably..If you want to get the custody or visitation rights of your children you can appeal to the court.Thank you.