Advocate Ruchi Singh

Questions Answered by Advocate Ruchi Singh

Q: Divorce due to extra marital affair

My husband and me both are Hindus and do not get along with each other him having an extra marital affair. We do not want a right to each other's property. I have a son and the custody will be with me which my husband is also in agreement with please suggest. We have been married for 15years

Advocate Ruchi Singh answered
You both can opt to go for a mutual consent divorce , upon agreeing on mutually decidedly terms. Arrangements of kid and his well being should be the priority and that shall be incorporated in the consent term drafted.

Q: My wife has medical issues and so cannot be a mother

Got married in feb 21 and since then we were trying for a baby, however she told that she cannot be a mother. And that she and her family have purposely hidden these facts as they wanted her to get married and settled. I had asked her many times dat let's see a doctor, but she isn't ready for dat as well. Instead she and her family asked me to go ahead with surrogacy.... And dey had already seen a girl from their family who is ready for it. It's been a month and half and I have made up my mind of not to continue with her. Had also sent a legal notice, but she hasn't accepted it. And returned the same back to me.

Advocate Ruchi Singh answered
As far as your marriage is consummated which is quite evident from your message you can not file divorce case till the tine it completes one year. Though you can lodge a police complaint against your wife and in- laws for keeping you in dark.Larer on you can use that complaint to prove cruelty against you.

Q: would like to get help for matrimonial issue - divorse

please contact me to discuss same.. wife and i separated living since 2 years. we tried to reconcile but it fails.

Advocate Ruchi Singh answered
You both can go for mutual consent divorce.For that you will have to decide terms between you both related to maintenance, alimony also maintenance , custody and education etc. if any issue involved, and file the case before family court of your area .

Q: Rs.80 lakhs given to to my brother in law in year 2013 not returned .

My brother in law had financial issues and hence he borrowed Rs.88 lakhs from me in yeAr 2013 and he could not return the same till date.Since he was close relation I did not insist for a receipt for the money given to him. first 2 years my family stayed in his alternate flat and in 2015 he had to sell his house. We moved to rented flat from end 2015 and he paid rent monthly till today totalling to Rs.25 lakhs. Due to business loss he is not able to return the lump sum till date. Whenever I remind him for returning money, he will state his financial problems. Today I am retired and require funds .Pl. advise what should be done.

Advocate Ruchi Singh answered
You must be having payment details / modes with you. He has also paid your rent which confirms that he has taken loan from you.You can send a legal demand notice to him and if he doesn’t reply or pay you can file a recovery suit against him.

Q: Contested divorce by wife-eligibility for alimony and maintainance

If I am doing a job and want to file contested divorce case against my husband due to domestic violence, Will I be able to get alimony and maintainance from my husband ? And what if I am jobless and apply for contested divorce?

Advocate Ruchi Singh answered
If you are victim of domestic violence than you will have to file domestic violence case, you are eligible for maintenance under domestic violence law as well subject to difference between salaries of you and your spouse. However you can claim damages in domestic violence as well.You are eligible for alimony in Divorce case too depending upon allegations and evidences by both the parties before case.