Advocate Priya Sachin Zoting

Questions Answered by Advocate Priya Sachin Zoting

Q: What are conditions of contested divorce

How could i get divorce if my partner is not ready and I Am also a central government employee

Advocate Priya Sachin Zoting answered
Dear clientthere is no connection of your profession or service. U can file divorce by mutual consent but if patner is not ready divorce can be filed by any of the party also. It will take some time as compared to divorce by mutual consent

Q: Application and clarification of Domestic Violence Act

1) Always threaten to leave break marriage by mother in law if i don't follow her order (Treats me like her servant) 2) Always uses bad language to threaten me (Mother in law) and encourages husband to do the same 2) Restriction on phone calls 3) Not allowing to do job 4) Not allowing to meet parents without permission and not allowing them to visit my place (Husbands house) 5) Provoking hushand for verbal violence by mother in law and sister in law

Advocate Priya Sachin Zoting answered
Dear client This is clear cut case of protection of woman from,domastic violence act.you immedeatly file criminal case against ur husband, mother in law n sister in law.or u can lodge police compain before filing cr case

Q: Wife is not sending kid at school, how to claim the custody?

my brother is in divorce process. his wife taken daughter and ran away, now daughter is not being send to school since a year and more..what should we do .

Advocate Priya Sachin Zoting answered
Dear clientyour brother can file a case claiming custody of daughter. If court deems fit a search warrent can also be issued against the wife for search of daughter and court can give legal custody to ur brother

Q: Mental torture by husband can I file for divorce after 6 months

can i file divorce  without any issues can I settled it from family concern or shall I go with legal action I'm in a very bad mental condition he torcher me physically n mentally but he is not accepting it right now I'm with my parents n the duration of my marriage is just 5 months. I'm agrawal from religion

Advocate Priya Sachin Zoting answered
Dear client Since ur marriage is just 5months old I will suggest u to go for a couple counselling. There larger possibilities of patch up. U can go for counselling from ur parent home itself for sefty measures.if it wont work then u have many legal remedies with u like compaint under domastic violence act or filing for divorce etc

Q: Company is asking me to resign in my 8th month of pregnancy

I have joined my Organisation in Jan 2016 as Asst.Mgr - HR. I got pregnant in May 2016 and on 11 July 2016 I told my Boss i.e Director of Co. that I am pregnant. On 16 July 2016, my director told me that you are not performing and gave a Performance Improvement plan. All the points mentioned in the letter were activities of a Head HR not Assistant Manager - HR. During my joining I was not told that I will have to Head HR activities also.The letter stated they will check my performance till 31 July 2016 and will take a call. Then my company hired a Head HR on July 25 2016, who was supposed to check my performance. But my company asked the Head HR to resign due to his performance on Oct 10,2016. Now I am in my 8th month of pregnancy, my company has made me work all these months and now they are asking me to resign on immediate basis. i.e 31 December 2016 again stating performance. Till July 2016, I had never received any performance related issues.They are forcing me to resign.

Advocate Priya Sachin Zoting answered
Dear clientfirst st of all no one can force u to give ur resignstion. Resignation must be with ur free consent. So far as ur pregnancy is concerned that canot be any ground. Ofcourse these ar general principles for detail advice need to peruse ur companys terms n conditions bylaws ur oppointment letter etc.