Advocate Rakhi Budhiraja

Questions Answered by Advocate Rakhi Budhiraja

Q: Divorce second Motion Waive Off Conditions

Kindly let us know the way to get waive off for 2nd motion divorce 6 months cooling period if only 1 year seperation is there.

Advocate Rakhi Budhiraja answered
Yes, we can file an application for waiving of statutory period of 6 months along with the 2nd motion. U have to mention the reason in application. First the application will be decided and then 2nd motion will be heard

Q: What is the legal recourse against forceful cancellation of marriage

We both are hindu. But due to intercast marriage my father in law forcibly cancelled my marriage registration with sign of my wife .How can I save my marriage

Advocate Rakhi Budhiraja answered
Marriage cant be cancelled. It can be null & void or only divorce is possible. Your marriage still exists as per law. If u want to call back your wife, file petition under section 9 HMA, 1955 AND file a writ petition before Hon'ble High Court. Besides that, if you have any fear from the relative of girl side you can also seek protection orders from court, if you are mature i.e. both of you have completed the age of majority.

Q: Can receiving of istri dhan be taken from wife in MOU for divorce

my brother and his wife signed a mou in which mention that husband have to give rs.2 lacs,rs.50000 in first motion and 1.5 lac in 2nd motion and we have to give all her dowery article which we agree,how to give dowery article,caw cell told us to give dowery articles to her without police interference is it safe to give her dowery articles if we take sign of girl and her father on a paper written that all articles received by them,what is the value of mou signed in court mediation centre?

Advocate Rakhi Budhiraja answered
You need not worry. The M.O.U. signed at any mediation center either of Court or of any govt. agency, is safe. You can go ahead as M.O.U. in Mediation will take signatures of both parties i.e. husband & wife, the mediator and seal of the mediation center an the said document is having authenticity in the eyes of law.

Q: Can Maintenance be claimed once divorce decree is granted by court?

WHat are the options for divorce and can maintenance be asked once divorce granted

Advocate Rakhi Budhiraja answered
yes, u/s 125 Cr.p.c. you can claim maintenance even after divorce.But if the wife has to give genuine reason as to why she is claiming maintenance after getting divorce. Or there should be change in circumstances, e.g. earlier she was earning and at the time of claiming maintenance she is unable to earn, have give reason with proofs

Q: Ex parte divorce. What are the options when husband is not ready

My husband won't appear on 2 dates n judge has done ex parte n in the last date which was yesterday I done with my evidence but his father came to court n told that my son will come on next date it mean my husband will come on next date which is on 6 October 2017 so my question is that do what will happen now and when I get divorce now because my husband is not ready to give me divorce.

Advocate Rakhi Budhiraja answered
he will have to file an application an application to set aside exparte order, within 30 days of his knowledge mentioning therein the reason of his non appearance in the court mentioning the genuine reason, if the court satisfies with his reason, then the court will set aside its order passed against him and you have to contest the case further. If not, then you will get an exparte decree.