Advocate Rishi K Ruia

Questions Answered by Advocate Rishi K Ruia

Q: Married through Arya samajh mandir how to file for divorce

i married in the Arya Samajh mandir and I have a certificate for the same. Now i want to divorce my wife, what is the process for the same ?

Advocate Rishi K Ruia answered
As your marriage is governed by the Hindu Marriage Act, you could file for divorce by mutual consent, if your spouse too is willing and ready for divorce, on mutually agreed terms and conditions. Mutually agreed terms could be alimony, share in movables, immovables, child custody and child visitation rights. If your spouse is unwilling to file for mutual consent petition, them you could file a contested divorce on grounds specified in the Act. eg: cruelty, desertion etc.

Q: husband had filed an case stating marriage is null and void

i am a hindu and it was arranged marriage held on 26 june 15,and lived in a joint family, on November i was beaten by husband by listening to his parents and sent to my parents home. i requested him to take me to an independent home as his parents are creating problems between us. he had accepted and told me to wait for 3 months. i was not able to contact my husband after that day after trying to contact his family through several ways.so i approached a family counseling centre where he came and told that he needs a divorce and claimed that he has filed a petition in the court and only his pa

Advocate Rishi K Ruia answered
The only option you have now is to file a matrimonial case for restitution of conjugal rights as your husband is refusing to take you back and also you will have to wait for the court summons in the case filed by your husband and subsequently contest the petition filed by your husband.

Q: How is the Fathers's own property distribution if there is no will

Father died around 20 years back without will. own property transferred to mother and she also died 9 years back without will. Portion of the property registered on 1 brother during father's period and the same person is presently looking after the whole property. We are 4 brothers and 1 sister and all are married. How to divide the property legally. whether sister has the right?

Advocate Rishi K Ruia answered
Inheritance Laws are governed depending upon which religion the parties follow. In this case assuming that the parties follow the Hindu religion, the four brothers and one sister, are eligible to equal share of the available property.The sister has equal share.