Advocate Rohit Shaligram

Questions Answered by Advocate Rohit Shaligram

Q: Filed for Divorce, then wife filed 498 & DV

Divorce filed by me, after that wife filed 498 & DV , then my mothe filed DV on her, All cases ongoing.Now she is not following family court agreement about child video call after many requests and after many arguments. If I make Suicide , what will happen in 498 & DV to my parents & brother filed by her, afterwords.

Advocate Rohit Shaligram answered
hi in this case you can file quashing application before the high court against FIR and DV case filed against you you can proceed against your wife for non obedience of order of access to child please contact for detailed legal advice with detailed facts

Q: Girl is not happy with her 6 months marriage

There is one of my friend she is in 6 months marriage and she is not happy in marriage her husband is forcing her for sex everyday she also talked with her parents but her parents are not supporting her she asked help from me she wants divorce but she can’t since she can file divorce after completing 1 year marriage and till that time she can’t live there and her family is not allowing her to stay in her own house she came to her mother but her mother and girl’s uncle forcefully take her to her husband and asked him to do sex forcefully and make her pregnant then she will have no chance to go away from you please help me so i can help her out she also try killing her self can she come to my place if she is ready to live at my place with my family and then after 1 year completion of her marriage i can help her out with her divorce process

Advocate Rohit Shaligram answered
hi In this case though she's not allowed to file divorce she can initiate domestic violence proceedings before the magistrate court wherein she can various reliefs to protect her from harassment she can also file maintanence application before magistrate court for her during the proceedings later on she can file divorce petition

Q: Wife has file false FIR in 498 323 506 594 34

Sir wife has filed false FIR against husband n husband family members 41 a notice issued and compliance is running on in front of IO My query is my wife almost before 2.7 month she left matrimonial home with her relatives happily and we filed section 9 after section 9 she written 40 pages complain with false alligation and sent it to my office and filed FIR against me n my family members and now i got expartee in section 9 In this 40 pages complain she written falsely alligation in my sister in law dat illigal relationship between us Now my query is i want to counter case against my wife kindly tell me which counter case we filed on behalf of sister in law coz in FIR she has no mention date n time and mny contradiction is in FIR, there is no evidence against sister in law alligation i want to know which counter case can v do and when

Advocate Rohit Shaligram answered
hi in this case you counter the fir you have to file application before the high court for quashing the same the quashing application is to be done immediately after knowledge of FIR in the quashing application it will be observed whether the allegations are relevant or not

Q: Travelling to USA with Active 498A case.

My Brother's Wife has filled false 498A case against entire family including me in the mid 2021. The court summons is marked by court in the month of March 2023. I am scheduled to travel USA for my employer client meetings on urgent basis as on Tuesday, 13/9/22 until 20/9/22 (2 months). We have not filled or submitted any supporting document to court due to lawyer stated that this week 8/8 until 8/11 court will be closed so we wont get a confirmation to it and have advised me to travel. I need a second advise if it is going to be a problem during immigration or during my stay also if company request me to stay little longer for another 2 month will it affect anyhow.

Advocate Rohit Shaligram answered
hi In this case primarily you have to seek permission of the concerned criminal court to travel abroad. if the immigration authority requires police clearance then the 498a probably be a problem. to eradicate this you can approach high court for quashing application for quashing fir against you

Q: Divorce for special marriage act

I am Muslim. I have done special court marriage in year 2014. Now I want to dissolve this. So can I marry other person without getting divorce. As I am a Muslim and for me nikah is legal. And I have not done Nikah

Advocate Rohit Shaligram answered
hi as your marriage is performed and registered under special marriage act it has to be dissolved by the provisions of the same act. you can not marry without getting divorce under special marriage act as performance of marriage is governed by SMA