Advocate Shalini Devi

Questions Answered by Advocate Shalini Devi (400+ answers)

Q: Is notarized divorce valid in india ?

in 2012 me and my wife mutually decided to get separated. we got a notary paper made and signed that paper and agreed for divorce. I am married to another woman now, and my previous wife has also remarried. My question is divorce on notary paper is valid or not ?

Advocate Shalini Devi answered
Hi Divorce on notary paper is not valid , both of you can file a Petition for mutual consent divorce which will be granted after six months . Hence the second marriage by both of you is not valid till the dissolution of first marriage legally by a Divorce Decree by Family Court.

Q: Is it compulsory to change surname after marriage ?

I have been married for 6 months....it was an arrange marriage and we have not applied for marriage certificate yet.....I don't want to use my husbands name...what shoud i do??? is it mandatory to change surname after marriage ?

Advocate Shalini Devi answered
Mam,It is not mandatory to change your name or add your husband's sur name ,you can continue using your maiden name in all documents.But just make sure by default no government agency writes your name adding your husband's last name .

Q: Regarding fake dowry and domestic violence and fake FIR against me

My wife filed fake charges against me and my family. Charges including dowry and domestic violence and many more which are completely fake. She stayed with us only for 3 months after marriage. Now it's been 1 year for marriage. She filed FIR as well in last month. Now she filed divorce with all fake allegations. What should be done in ths case?

Advocate Shalini Devi answered
You have to appear in court first few dates will be counselling then your written statement has to be filed point wise defence of all the allegation any other facts which you want to bring forward .it is possible during counselling an amicable agreement maybe agreed upon to file mutual consent divorce.

Q: Future Validity of Mou On Stamp Paper

If any mou is signed on which it is written that dowry neither taken nor demanded can it debbared to file cases again in future if dispute arises again

Advocate Shalini Devi answered
It will be taken into consideration but future of incidence of dowry demand is there , complaint can be filed as the agreement was for past upto the date signed . After the agreement is signed then claiming that dowry was demanded and given will be difficult and also bear in mind giving dowry is also a crime like taking dowry

Q: Petition filed by my husband for divorce

I got a call from a guy claiming he is from court and that my husband has filed for divorce and I had to come and collect it and sign for it.shouldn't he send it to my residing address.My husband knows my residing address.M a working woman n have no time.What happens if I can't I will have to take leave anyways for court hearing.What should I do?

Advocate Shalini Devi answered
The court bailiff will serve the summons on you at your residence or place of work alternatively it might be sent through speed post . You can check online on ecourts entering your name the status code F any petition is filed by your husband.