Advocate Rachana Singh Chouhan

Questions Answered by Advocate Rachana Singh Chouhan

Q: Divorce on grounds on mental and physical torture

I am a Hindu , 60 years old man and married to my second wife for 14 years ( after my first wife passed away in year 2002). For last three years my wife is continuously mentally and physically torturing me. She falsely accuses me of having extra marital affair. She often attacks me physically and uses very filthy language in front of my daughter. I have explained her multiple times that I am a loyal husband but she does not listen to me. I think she is not mentally stable. She is very suspicious of my every act and monitors me every hour. At times she hits me with household objects. My wife constantly threatens me that she will make a complaint to police and she is not willing to give me divorce. I cannot tolerate this mental and physical assault at this age. Could you please suggest how can I get divorce from my wife and what evidence I need to have to file for divorce? Also how to prepare or avoid counter harassment case which my wife will file in case I apply for divorce?

Advocate Rachana Singh Chouhan answered
As per hindu marriage act , 1955 section 13(1)(ia),(iii) you can file a divorce case against your wife, and you to proof the cruelty against your wife at the stage of evidence by the manner of documents or through expert opinion of Dr.that she was not mentally fit .you can also go the police station and filed a FIR against your wife.

Q: Is roaming or sitting any where at night is crime if you are not drunk

Sir, is there any law or article that defines that roaming at night or sitting anywhere is illegal in India if you are not drunk or even smoking? is it illegal to roam at night in India?

Advocate Rachana Singh Chouhan answered
No, there is no article or section is defining the roaming in the night or sitting is illegal in India when your not drunk. Roaming in night in India is illegal while when some restrict is applicable in that areas i.e when is mandatory ban by government.

Q: Can the wife claim in the property bought in mother's name?

I want to buy a property on my mother's name. Can my wife claim on that property while divorce in hindu marriage act ?

Advocate Rachana Singh Chouhan answered
No , your wife cannot claim on the property which is purchased by you in your mother name because that property is acquired by your mother she did not through ancestrok property. in ancestrol property your right is generated and when your right generated then automatcally your wife get share on it.

Q: Remedy if in laws trying to file a false complaint

Dear sir/madam, I am married since 5 year. I have 3 year baby. Due to small reasons my wife leave my home many time and came back. Finally she leave my home and her parents want to file false complaint against me.she doesn't want divorce and never want to come back. During marriage I never torcher her and never make any money demand, her relatives know very well. Please suggest me may I file any FIR before her to protect myself.

Advocate Rachana Singh Chouhan answered
In the you does not clear the date on which your wife leave your home or at what period she started living with their parents . The period in which she was reside with their parent they are unable to prove the cruelty against you . As per sec 498of ipc cruelty can not prove when she was already reside with their own parents. From last five years they don't lodge any conplaint against you. You can give an intimation to the nearest police station you reside about your wife behaviour it will help you in future.

Q: Remedy if Mother refusing Father to let daughters take back to UK

I have two daughters age 10 and 7. They are UK citizens. They are in Bhopal at present but mother is refusing to let me take them back to UK. I need ufgent court order to allow me to do this.

Advocate Rachana Singh Chouhan answered
As per your question your children is having the U K citizenship. So your wife don't have right to keep your children in india because they are not indian citizens because indian acts only apply to indians only.