Advocate Romil Sagar Srivastav

Questions Answered by Advocate Romil Sagar Srivastav

Q: Guidance on matters of alimony

My husband asked me to leave his parents house in which we stayed for 5 years as he wanted to live life his way. He paid rent for the house I shifted. He visited and we met cordially. Then he wanted divorce but was not ready to pay my entitlement. He is retired Army officer. Then he asked status quo. We stayed in separate houses and he only paid rent. I support my self and my daughters with my teacher salary. One daughter married. Other working. Now he's kept another woman and goes on trips with her. What am I entitled to now. I don't want her to take my benefits of pension and medical. So shall I go for divorce or keep status quo. How moral is that. It's a shameful act he's married and has kept a woman in his parents house only. They are fine with it. Please help.l

Advocate Romil Sagar Srivastav answered
if u give divorce then the benefits of a legally wedded wife would not be available to you. so it is advisable that file a case under domestic violence act and a case for maintenance also. you can also lodge an FIR for harassment. don't think of giving divorce at this moment.

Q: How Muslim Husband can submit legal Divorce in Court?

Hi , Please help me how I can file divorce legally in Court because if I will ORAL talaq than possibility that Police can file Triple Talaq case so better I would like to go in a legal way. Also what are Legal remedies I have to separate. Like Hindu Law have Judicial Separation do we have any such kind of law in Muslims ?

Advocate Romil Sagar Srivastav answered
getting divorce is available under muslim law. you can file a case for divorce under dissolution of Muslim marriage act. this option is available for both husband and wife. it can easily be filed before any family court.

Q: Case regarding maintenance, physical and mental harassment and bigamy.

My father has been married to another women without giving divorce to my mother.he physically, mentally, emotionally harasses my mother, sister and me and he has stopped giving any maintenance to us.i want the best thing we can do against him , so that we could get maintenance and he could be punished.

Advocate Romil Sagar Srivastav answered
your mother is entitled for maintenance she can file a case for maintenance before family court. further she can lodge an FIR for bigamy against husband. option for filing domestic violence case is also available.

Q: Clarification on the alimony husband is liable to pay on divorce

Court has grated me order to pay RS 3000 to my wife and RS 500 to my daughter per month in the case of section 125 filed by my wife. I have filed section 13 in court which is in progress. Will court ask me to pay alimony money again while giving divorce.

Advocate Romil Sagar Srivastav answered
Divorce suit would be decided alone. Alimony will not be awards in the suit for divorce. Maintenance would be decided and fixed in case of 125 crpc. You are being directed to pay interim maintenance. Reat will be decided when the suit for maintenance will be decided.

Q: Mother wants to file for divorce and DV case after 25 yrs of marriage

My parents have been married for 25 years and my mother has been physically and mentally tortured by my father and his family for 23 years. If my mother wants to file a case against my father what is the maintenance she is entitled, she is supporting both my brother and I as we’re both studying -23 and 19 yrs, also what is expected time frame for a divorce to be finalised?

Advocate Romil Sagar Srivastav answered
Yes she can file a case for maintenance. Even she can file a separate case for domestic violence and mental and physical harassment. Maintenance amount will depend upon the monthly earning of the husband.