Advocate Pushpender

Questions Answered by Advocate Pushpender

Q: Whether to file RCR or section 9 of HMA if wife has abandoned

Is it safe to file rcr or section 9 of HMA as my wife had deserted me and takens my children with her from last 4 months

Advocate Pushpender answered
Yes!! you should file RCR under section 9 because she is your legally wedded wife and law gives you right of cohabitation and live life like others..marriage is relation which cant be dissolved like a contract!!

Q: Rights of wife after divorce in respect to money

My mom is 49 yrs.old now and I have grown up into a 21 yr old girl. Still my dad has not stopped fighting and raising hand on my mom. He intentionally irritates my mom and abuses her and now that she has started giving a reply coz she has self respect too and can't bear my father's nonsense anymore, he calls in the middle of the night continuously until we don't pick up the phone to hear his black mails which are like - ' goli maardunga, Teri maa ko kaatdunga, etc. A language which nobody can take on and especially when you are no wrong , this is where my dad's who get hurt and he starts abusing vulgarly and starts shouting like hell. The situation has gone to an intolerance that we pray wishing when will my dad die. He has not let us grown happily , he has put the bricks of favours on her head . My mom dad will be divorced . So want to know what rights she has in subject of money? And what are mine?

Advocate Pushpender answered
First your mom should file FIR against your father and side by side maintenance petition under 125 crpc ..You mother is entitled for maintenance for whole of her life and you are entitled untill you are married!!

Q: Non payment of maintenance even after getting an order from court

Hi, this matter is related to The Maintenance and welfare of Senior Citizens and Parents Act 2007. The plaintiff filed an appeal in the court of SDM cum Tribunal for senior citizens. and SDM passed an order of maintenance in 2011, that respondent has to pay 1000 monthly to plaintiff. But respondent never paid a single amount till today. The plaintiff is senior citizen and she didn't appeal about non-payment of maintenance. But later she filed appeal again in SDM Court on May 2018. But SDM didn't pass any order yet. So I just want to know that Could she go to high court or seek directions from high court for action???

Advocate Pushpender answered
She should file contempt petition in the high court if he is not paying and simultaneously appeal against the order of tribunal in the high court for enhancement of maintenance and litigation expenses claim in same

Q: Can a girl do court marriage without any age proof that she is 18

I am in a relationship since 2 years and my age is 19 years and i am a Hindu and she is 18 years old and she is Muslim but she don't have any age proof to show to the court to get decision in her favour and now her parents are doing there forced marraige without her consent and she wants to marry me and I also bit in this critical situation no one is helping me her marriage was on 6 September and I also discussed my case with a lawyer but he said that your gf don't have any age proof so in that case I can't help you so now what I can do plzz reply me fast days are very short few days are left for her marraige that I have given the date plzz give a solution

Advocate Pushpender answered
yes you can marry and for it the girl is required to give affidavit that she is above age of 18 years in court..but if she is not sure and at point of time it is found that she is below 18 years of age .. than that will cause you in trouble..so first make sure that she is above 18 ..

Q: declaration suit of divorce for a couple migrated to a foreign country

An Indian couple after getting married in India migrated abroad and are now citizens of that country. Now they both are divorced mutualy. they want to register there divorce in India also and finish there marriage completely. how can it be achieved.

Advocate Pushpender answered
They have to make an application for divorce with mutual consent before magistrate.for.more than one year they qre living seperate from each other and then after considering the facts court will decide to grant divorce