Advocate Prerna Shukla

Questions Answered by Advocate Prerna Shukla

Q: Validity and Divorce under special marriage act

My Hindu friend got married to a Christian but did not register the marriage under Special Marriage Act.Its been only an year and they have baby boy but due to marital problems, they are seeking a divorce.Since the marriage is not registered under SMA and even HMA cant be applied, can the marriage be declared null or a petition has to be filed for divorce?

Advocate Prerna Shukla answered
It is important to know as to whether the marriage took according to what rites and rituals. Only after that can one can be advised legally. A Petition for divorce is required to be filed for that. Feel free to contact me for seeking any further legal advice as regards the same.

Q: I want Right of property from my dad who leaved me and my mom past 6 y

In 2019, during my 11th grade, my dad left both me and my mom. Since then, neither my mom nor I have received any communication from him. There have been ongoing conflicts between my mom and dad regarding property and finances. My mom financially supported my dad's property purchase in 2021, yet the property is solely in my dad's name. My dad didn't support us with a single rupee for living expenses or my education fees. Despite this, I now want to assert my rights over the property.

Advocate Prerna Shukla answered
You can file an application for maintainence from your father for yourself and your mother. As regards property you can file a suit for asserting your rights. Feel free to contact me for seeking any further legal advice as regards the same.

Q: Retrieve streedhan from husband and how to get maintenance from husban

I want divorce under dv case. My husband wants to quash the police complaint which I have lodged in 1 yr back for abusing me mentally n physically. He having He wants to remove his name from police case. N want mutual divorce. But I m not earning. So how can I get maintenance before divorce? N how can get litigation fees from husband n recovery of Streedhan before divorce?what is procedure for recovery of streedhan and to get maintenance under which section

Advocate Prerna Shukla answered
You cannot seek divorce under DV case. For that you need to file a separate petition. As far as maintenance and streedhan is concerned that can seek that also by filing an application for the same. Feel free to contact me seeking any further legal advice as regards the same.

Q: Family torchering to marry guy of their choice

I am in love with other caste boy family has took me hometown and father beated me as well. Again my brother's tortured me and my partner in that case I tried to suicide and saved somehow. Now they took me at home and making dispute with me , mentally harrassing me. Now I have to go return for my job .. but they are putting ask to agreed with them otherwise they'll now let me go ..they can torcher to marry another guy do physical violence as well. I need protection against my family.

Advocate Prerna Shukla answered
You should first seek the help of the Police to protect yourself if the abuse continues. Once you are married it is illegal to get you married off to someone else. Feel free to contact me for seeking any further legal advice as regards the same.

Q: Divorce but my wife denied to do

Me and my wife we are not staying together from last 2-3 year, we don’t even communicate anything except top of divorce,We are not physically active from last 5-6 years.My wife only come to house just to meet our child.To proceed in my own life I want divorce from here but she is giving me the reasons but she is not supporting for divorce, now i can’t stay anymore what would you suggest me do ?What exactly I can do to get divorce in India as we are Buddhist.

Advocate Prerna Shukla answered
You can opt for divorce amicably and assure her payment of maintenance as also for your child. This is the best option available to you. Feel free to contact me for seeking any further legal advice as regards the same.