Advocate Saksham Srivastava

Questions Answered by Advocate Saksham Srivastava

Q: Christian wife wants to file a case of divorce husband torturing her

I am Christian. I am 25 years old. I want divorce from my husband as he is always torturing me mentally. We got married 2 years ago. I adjusted 2 years but now I can't. Can you tell me the procedure and how much time it will take? Please sir explain me. I will be thankful to you.

Advocate Saksham Srivastava answered
Hello there,Merely saying that you are being tortured by your husband cannot establish the fact that he is cruel and he tortures you. Prior to seeking the divorce from the court, you should invoke criminal proceedings against him. Lodge a complaint/FIR under section 498a, 504, 506 of IPC.Give sometime and then intiate the divorce petition under the provisions of Special Marriage Act before the Family court, narrating the facts and circumstances and grounds of your case.Proper counseling can be done after meeting and one to one conversation and perusing the documents available.Hope that would help.Thanks

Q: How to prove myself innocent from false allegations by sister in law ?

my parents had two sons and 3 daughters .In their will they gave all property to me because brother was in bad habits , used to ill treat my parents .Property is not inherited from my grand parents but bought by my father.Now my brother wish to get his share which he cannot get legally. Brother has made his wife to file a case of false molestation case and he has bribed local police to make pressure on us so as to acquire portion of property.He says that he will approach court using this false allegation or else we should give him share.Apart from giving him property share to settle matter , what are my options legally. How I can prove myself innocent.

Advocate Saksham Srivastava answered
The court looks into the reason as to why the criminal proceeding has been invoked by the complainant/first informant. Establishment of the fact that this criminal case is an off shoot of the will dispute which has been executed in the favour of the accused.The same can be done by quality drafting and arguments.Certain Grounds can be applied, such as:-Mortal status of parents-Seperate living of complainant and accused(if applicable)-No criminal antecedents-Civil dispute persisting.Etc.Relief can be sought in the High court by invoking its jurisdiction under section 482 Cr.P.C.More counseling can be done after looking into the documents available with the accused.Hope that would help.