Advocate Rajinder Raina

Questions Answered by Advocate Rajinder Raina

Q: Reservation of sc /st who converted in buddhism from hinduism

Respected sir, i want to know that is there any effect on reservation of sc/st (22.5%) if they converted into sikhism or in buddhism .

Advocate Rajinder Raina answered
Every ism is governed by Hindu law n comes under definition of Hindu as per law. So Buddhist Sikhs jains are Hindus as per law n practice . so no effect on any status as it is not conversation of religion .

Q: Wife not ready to live with me or divorce me

Dear sir, my wife z not living with me since December 2015 till date and says will not gt me out frm the marriage. I hv a son aged 4+ living with my wife. We both husband and wife are Central govt employee but she z gttn more as per pay band and grade scales. My mother in law z the one fr all this paranoid.

Advocate Rajinder Raina answered
You have to decide whether to carry on in this relation or you want to finish this relation . if you choose to carry on then file suit under section 9 of HMAct n get her back by virtue of legal order . if you choose latter one then file a suit for divorce on the grounds of federation clubbed with cruelty etc n part away legally . Next custody of child you can file application for custody of child n court after considering over all welfare of kid will decide either way . so take call either way . make up or break up is your choice n guided by circumstances surrounded with you .For any legal help feel free to contact me at Delhi

Q: Wife wants to take divorce but i'm not ready

we get married in 2011 and also one son of 2years ,my wife is working in bpo .She has some extra maritial affair and wants to marry that office employee . And now she is asking for divorce. But i don't want to give her divorce. She is saying that she is not satify with me financialy and wants to start a new life . But i don't want to give her divorce and also so upset tell me is she get divorce easily. And i am so tensed please help me sir

Advocate Rajinder Raina answered
Marriage is based on mutual trust n sacrifices n is not forced one . you may like or dislike the situation but you have to accept reality n that is unfortunately bitter for you . if she is committed what she says then how can you tie any person unnecessarily. You must accept her offer n keep your son n move on in your own life . bad or good life goes on . Regards

Q: Not staying with my wife from past 2 year how to take divorce

She is not agreeing as mutual understanding devorce not living with har for more than 2.5 years she is asking big amount for comoatation

Advocate Rajinder Raina answered
You should file divorce case from your side on set grounds n contest it on merit . once you get decree of divorce the only thing remains is her alimony . you can defend that n one third of your income can b set as her monthly alimony until she remarry . I fail to understand why you want one time settlement when you can pay her in bit n pieces . she will then herself come on terms. Your stand must b to take on head on fight instead of begging her for mercy at the cost of huge amount .Regards

Q: Procedure to get ex-parte divorce

My husband harrass me mentally and few times physically in last 20 yrs of our marriage. Now I want divorce from him. He is ready for divorce but don't want to wait for six months for second motion. We both want divorce as soon as possible. For that someone suggest me to file divorce on harassment basis with a police complaint. Now I want to know if I file case on this basis and my husband appear in court and said he also want divorce from me is it possible that we get divorce early ? Is it possible that he become ex party and don't appear in court and then we get divorce earlly ?is court issues arrest warrant against him if he will not appear in court nor his lawyer ? Ok m Hindu.

Advocate Rajinder Raina answered
Exparte idea is good but if you are in Delhi it will take at least 8 months to get decree as four stages are to b covered n each will take 2 months in average n even more . so what is wisdom in it . next in civil matter no one is arrested for non appearance . one may or may not appear his choice n court is not any party to any civil matter .Regards