Advocate Rapheeque CK

Questions Answered by Advocate Rapheeque CK

Q: I wanted to know about remarriage

I am christian and husband is hindu .My marraige was under special marriage act ,married on august 2018.I am a christian and my husband is hindu .both from kerala but got married in bangalore ...we can't go together..throwing me into troublz always and he and his relatives harrassing me for not going for job and my family has not earth to offer him.those were matter for them..they really worried about my families financial status .it was love marriage . my parents want me to remarry from our religion (christian). 1 .Can i remarry from my religion without getting divorce as it's done in bangalore by special marraige act? 2. How long will it take to get divorce if it's mutual consent amd if he is not signing for divorce .?

Advocate Rapheeque CK answered
You cannot remarry before getting divorce. If your husband ready for mutual divorce, it can dissolve within a week, if he is not ready for mutual divorce it will take minimum 1 to 2 year. First discuss with your husband about divorce, after that you can decide what steps should be taken for dissolving marriage.

Q: tourchering by mother in law...she is 60 +....

tourchering by mother in law, she is 60 + is it legally vaild if i file a case against her. Have evidence.. what are the law i can suit against her... im married and have kids... married 17 years before... my husband and kid's known everything they support

Advocate Rapheeque CK answered
Definitely you can file case against your mother in law before judicial magistrate court for domestic violence and also you can file a case against her in family court. If any physical harassment or torture you can approach jurisdictional police station.

Q: My family is targeted by higher rank intelligence bureau officer

My father in law , who is above mentioned officer using his professional influence to frame case against my father. I got married six months back and we came to know that , my wife is mentally retarded ( certified by world renowned Hospital). This was hidden by her parents before marriage. Now we are proceeding for the divorce. They keep on asking to return the gold, which we turned down by stating that the process will go through court. We told them we will return everything during the divorce procedure, since we have never planned to go for cheating case against them. Now , a case has been filed by my wife against my father on abuse and illegal holding of ornaments. Her medical report states her mental age is 7 years old. We are getting calls from police station to meet . Earlier father in law has misused his position sent a IB person to the hospital where her mental checkup was done to collect the result and other things. As a common citizen, how can we get justice.?

Advocate Rapheeque CK answered
You can file divorce petition before family court as early as possible and file a complaint before jurisdictional police station as well and don't make any unnecessary actions from your side, you have only remedy to approach court and you will definitely get justice from there.

Q: Finish Divorce without mutual consent

I have filed for a divorce, alimony and dowry settlement last year. My husband is in oman, because of that the case is extended. We have been living separately for 5 years because he was abusive and jobless (failed to provide for his family). I tried for applying for divorce with Mutual Consent but he is not willing. As i have applied for Canada Immigration it is quite difficult to continue with marriage status ( immigration officer request husband's PCC, Medical and 3lakh in bank account ) , I tried with marriage status before filing for divorce, my husband didnt give any papers for that also. Anyway i can get divorce sooner

Advocate Rapheeque CK answered
You should mention the current position of your cases which was filed by you against your husband. . 1.If your husband not yet appear before the court, you can get exparte order from court. 2. If your husband appeared before court and trying to drag the matter, you can file an application before court for getting direction to your husband for giving necessary papers and documents for your emigration purpose.

Q: Compensation Payable to Husband for wife's premarital relationship

I have a relationship with a girl. But after knowing about all about the relationship with me, the girl was forced by her family to marry some one else and after one month of marriage her husband get in to know the fact that she has an affair before marriage. Her husband got this knowledge from a voice message sent by me on whatsup. Her mother in Law was finding false problems and she told me that she cannot continue with the relationship. I supported her and told her get divorce and i will marry her. this conversation get in to the knowledge of her husband and he dont want to continue with this relationship. Now Her husband asking for compensation and her brother told me that if something happens with paying compensation he will file a case against me for compensation. Is there any legal right for his brother and her husband to claim compensation from me legaly?

Advocate Rapheeque CK answered
As per existing family law , it is not possible, but they can file suit for damages before Court of law. Her brother can't file any case against you in this circumstance. In this case you are not responsible for paying compensation to anybody.