Advocate Priya

Questions Answered by Advocate Priya

Q: Judge did ex parte the domestic violence case

Hindu - I filed a domestic violence case against my husband and mother-in-law. After a few hearings and two years, judge has ex parte the case in my favour because their lawyer was not able to submit the reply and in the last hearing they did not even appear in the court. My question is what is going to happen next can they appeal against ex parte? I have 2 other cases: 1 for maintenance where they have not filed the reply for last two years and 1 more case where my husband has filed for divorce

Advocate Priya answered
Application is filed to set aside the ex parte order .About the other pending cases : if they haven't filed the reply for last two years in this I will suggest that you must hire a good legal practitioner , as per your information your husband has filed a divorce case : it depends on which ground they have filed the divorce case .

Q: How long should be the separation period to file divorce petition

My wife left our family home last year in September 2023. We have been living apart since then with no contact. For how long do I need to wait before I can file a divorce petition?Earlier I heard that it was 1 year but now it can be filed before 1 year.

Advocate Priya answered
as you both are living separately since 2023 , you can file for divorce . yes you heard it right courts consider one year criteria and divorce can be filed even before the completion of one year on the irretravable ground of marriage.

Q: Clarification regarding ipc 377

Sir/madam, i have a query regarding ipc 377. Sir I want to know if a wife has filed a 377 against her husband with relevant medical evidence of anal penetration and injury, can he be acquitted on the basis of ipc 375 as marital rape is not a crime in india?

Advocate Priya answered
sec 377 and sec 375 both defines different offence whether the person would be aquited or not it depends on the circumstantial evidence and the facts of the case . Marital Rape is not a crime in India yet but court of law is taking it seriously.

Q: to be punished under domestic law for marital fraud committed abroad

An Indian man concealed his marital status and had a sexual relationship for 9 months with a Korean woman in Korea under the premise of marriage. After traveling to India, the Korean woman discovered that her boyfriend was married. The man admitted all facts.1.If a criminal lawsuit is filed, does the victim need to be in India? 2. How long does it take from filing a lawsuit to receiving a prison sentence? 3. What actions can be taken if the other party is not in India and Korea?

Advocate Priya answered
criminal law suit can be filed in India as the guy is Indian citizen , law follows the citizens where the crime is committed in India or outside India . at the time of filing the suit Korean woman can be exempted to be present in India but it's the discretion of the court , court can call the victim whenever it feels that the victim needs to be present before the court of law in order to meet the justice .

Q: My divorce case getting prolonged years

My wife left me 2years back after few months of our marriage due to forced marriage by her parents. She filed sec9 on me and I filed sec131ia due to mental harassments by my wife and her parents. Now its been more than 2 years. Her mother saying we want 1crore money for divorce otherwise we prolonged case. My age is 35 now. Spoiled my life. I can't able to give money. pls give solution to come out of this situation. I have no properties only my parets had. I am doing private job.

Advocate Priya answered
as per the information provided by you , it's nothing by harassment , you must talk with your lawyer , as cases in courts totally depends on the lawyers . we have many precedents regarding this , kindly contact a well qualified lawyer who can fight your case with spine .