Advocate Rajiv Saxena

Questions Answered by Advocate Rajiv Saxena

Q: Do I need to get a divorce if my marriage is not registered?

Is Divorce Needed if Marriage is Not Registered? Hi, I just got married a month back as per hindu acts (sat fere) but our marriage is not registered yet. Do I need to get a divorce if I have to break the marriage and marry someone else ? Can my husband create any trouble without registration ? If I dont register and just leave the marriage and marry someone else and register that marriage can there be any issues ?

Advocate Rajiv Saxena answered
Yes, u can get divorce from ur husband. And if u want divorce really then don't get register ur marriage. Non registration will help u to be free from ur unwanted husband. For detailed solutions I must go through the real facts of ur marriage.

Q: Procedure for divorce as husband is having multiple relationships.

I am a 47 years old woman with 2 kids aged 14 and 22. Both my kids are studying right now and are completely dependent on us for finances. My relationship with my husband hasnt been going well from a very long time. However the things have become completely unbearable for me. My husband misbehaves with me, he fights on small issues and sometimes resote to physical abuses as well. He never even talks to my kids properly and always keeps on scolding them. Recently I figured out that he is having relationships with other women and could be involved in prostitution. I have the whatsapp screenshot as proof for the same. I have decided I want to part my ways with this man. However, I am concerned about my kids as they are still studying and I alone will not be able to support them financially. So, I wanted you to guide me through the divorce process and I also wish to know if after divorce will I be liable to claim money from my husband or not. If yes then what is the procedure. Thanks

Advocate Rajiv Saxena answered
U can file a suit for divorce against ur husband in family court of ur locality and I can get maintenance for urself anf for ur kids too from ur husband. But u hv to prove ur allegations against ur husband by placing cogent n reliable evidence.

Q: Husband denying to have sexual relation

i have been living in a sexless marriage where i have two kids.after my first kid ...my husband had first sexual relation with me after one and half year and then i had a daughter...after that ni relation...he dont even eants to talj about it nor wants to tell anybody about it.and the same hurts me like being cruel to me fir no reason..ots amounting to torture

Advocate Rajiv Saxena answered
If you want to take divorce on the aforesaid ground u can get from the family court. Or if you don't want to leave your husband you can file an application under section 9 of the Hindu Marriage Act, for the restitution of conjugal rights because it the legal as well as moral duty of your husband to maintain you by all means. It's not clear from your query what do you want?

Q: Want to know the time limit to do marriage registration

Sir Maine Arya samaj marriage ki 10 Dec ko to main ab uska registration April me krna chahta hu kuki main hometown me hu to maximum time Kya hota h registration k liye?

Advocate Rajiv Saxena answered
There is no time limit of the registration of a Hindu Marriage as per the section 8 of the Hindu Marriage Act, 1955 (amended). U can apply for the registration of your marriage at any time but you must have the valid proof of your marriage and age.

Q: What are the grounds to obtain bail ?

my brother is arrested due to the robbery how may I get the bell

Advocate Rajiv Saxena answered
If ur brother is not directly involved in the robbery prima facie and if he has no criminal history.....he can be granted bail by the court as per it's satisfaction. But actual advise can be given by the perusal of the paperd....F.I.R. etc.