Advocate Ruchira Chaudhary

Questions Answered by Advocate Ruchira Chaudhary

Q: Mutual divorce advise for second motion

Before second motion husband is asking to trasfer the property on his name / give power of attorney in leiu of money. 9 years we are seaparate and he has still not given divorce for the dispute of this property. What is confirmation he will come for the second motion, how this can be done???

Advocate Ruchira Chaudhary answered
Have a settlement agreement in place and make the signing off of the property (that is, only if you wish to sign off the property in his name) as a part of the terms of settlement for having a mutual divorce. File this settlement agreement in the court in the on-going case. The judge will take these terms of that on record.

Q: Divorce - Unregistered marriage

It will be 5yrs this coming December since I have been married to my husband. We got married in Arya samaj Mandir and have the certificate for the same. However due to various reasons we could not get the marriage registered. It has become impossible for me to live with my husband who is dominating and manipulative and we have been living off my salary even though he earns . Hence I am contemplating divorce. What is the procedure and what are my rights?

Advocate Ruchira Chaudhary answered
You can file the divorce petition in the family court near the place where you stay. You can and annex photographs of your Man marriage and also clearly state in the petition that the marriage which was conducted as per the Hindu rituals has not been registered but you have been married and staying with your spouse for the last five years. Describing the facts clearly, on the grounds of Cruelty you should claim divorce from him.There is also an option for judicial separation in cases where you do not wish to divorce him but would like to stay separately and yet continue being a legal wife.

Q: mutual divorce by both partys after two years

meri saadi 3 december 2017 ko hui thi hindu riti riwaz se 12 december ko meri wife apne ghar chali gayi thi uske baad se wo wapas nahi aayi abhi tak me court mein divorce ki pitition file ki thi then unki taraf se 125 pitition file hui mere khilaf or unhone mahila thane mein bhi ek report mere khilaf daal di thi uske baad hum dono party ka mutual faisla ho gaya kya abhi bhi court 6 month ka cooling period dega divorce ke liye jabki hume seprate rehte hue 2 saal ho chuke hai

Advocate Ruchira Chaudhary answered
You can move an application for dispensation of the 6 months period. There is a Supreme Court decision, pursuant to which, it is possible that the requirement of the 6 months gap can be waived off by the Family Courts.

Q: husband filed false case in women cell

I am 30yrs old housewife with 1.5yrs old child. my inlaws insulted/abused me when I was at maternal house and I came to my parental house 1month back. Then husband came to our house and did a huge fight with me and my parents, insulting us unnecessarily. Now he has sent a letter to caw, complaining of us threatening him of false case and is asking for mutual divorce. We need to reply to caw. please suggest my options. He is determined to get divorce while I wanna try to resolve but not at cost of self respect.

Advocate Ruchira Chaudhary answered
It seems the situation is beyond amicable resolution or a meaningful discussion. If you don’t want to take a divorce, your husband cannot force you. And if you feel with passing time the situation is getting of hand, lodge a complaint in the women police station closer to your parents’ home and also file a Domestic Violence case citing the behaviour of the in-laws and of your husband.

Q: My father is threatening to leave my mother and marry another woman

My father is threatening to leave my mother and marry another woman .His sisters and their husbands are supporting him and finding a woman for him to marry. my father has retired from army and currently working in indian railway as trackman.Please advice what can my mother do legally to stop him . And if he marries , will be my mother can claim money from his pension and salary from railway. what are legal action can be taken.

Advocate Ruchira Chaudhary answered
By marrying again while his first marriage is still subsisting, your father will be committing a punishable offence. Bigamy (two marriages at a same time) are not permissible under Law. If he marries still, his second marriage will be treated as null and void under law and your mother will still be considered his legal spouse. *Your mother must seek legal advise in case she would like to keep her marriage and prevent your father from re-marrying legally.