Advocate Shashiraj

Questions Answered by Advocate Shashiraj

Q: To get a Divorce with mutual consent

My family broke in 2014, since then I did not meet or speak with my husband and daughter. I came to know that, recently my daughter got married. My marriage is not registered. I want to move on, and hence thinking to get divorce. My question is, should I get legally divorced, to move on with second marriage

Advocate Shashiraj answered
yes , legally it is important to get divorce to remarriage .Without divorce you can't marry another person it's a offence under law.you can move divorce petition on various grounds like desertion ,cruelty,etc

Q: I need a advice regarding Divorce proceedings

Sir/Madam, I am a 30year old married banker, I have married for nearly 2 years. My wife is from a different caste. Ours was a love cum arranged marriage. Issues started cropping up regarding too much financial expectation from me, she started harassing me hitting,biting and hurting me physically as well as mentally. She used to visit my place of work and harass me. Now we have been separated for a month. How can I proceed with divorce , should I send a legal notice first or apply directly for a divorce petition. Please guide me.

Advocate Shashiraj answered
Hello,in divorce case sending legal notice is not compulsory.Without sending the notice you can file divorce petition.There must be grounds for divorce like desertion cruelty non consummation of marriage etc

Q: Husband denying divorce after asking for it first

I and my MOM in law had a fight then my husband stopped talking to me and i apologised in front of my mom in law and husband whatever wrong i said but they torchured me for 6 months by not talking to me and my husband started sleeping with my mom in law and she was not keeping any relation with me.He used to go out of station for few days without telling me and he was telling me to give divorce i was keep apologising but he was not ready to live then i got so much mentally torchurched i asked him to give then he started telling i will not give and will not have any relation with u.Now he is not giving me divorce .In this situation what can i do? Hindu religion

Advocate Shashiraj answered
Hello,when your marriage was done in which year and from how many year your residing separately.Even though your husbend is not giving consent for divorce you can file a petition for divorce for various reasons like cruelty,desertion and non consummation of marriage

Q: Husband abandoned due to domestic issues

It's been 2 years now I got married, I have got 1 year boy baby, since we got married my husband never give his time to me. Always busy with his work and and he thinks me as his labour and his mom keeps on scholding very bad words, which I am not able to digest so we used to quarel because that my husband hits me and left me in the railway station and since 20 days he has not even called and not even response,, how.do I go with this issue

Advocate Shashiraj answered
Hello ,you can take action against your husbend for various reasons as per your querry .It is the duty of the husbend to maintain his wife and children.You can file a case under domestic violence act and ask maintenance and protection and file a criminal case for harsament and torture

Q: Cancellation of Court marriage on notarized paper valid

My bro has registered married a girl.Our family members r not ready to accept her and this has not been known to our parents that they have registered their marriage.Now my bro is ready to listen to my parents and he said he had talked to her and this can be cancelled by doing a notary which is signed by her and there is no need to visit the register office or court again.Is this possible or how it should be done please advice me.?

Advocate Shashiraj answered
The marriage is once registered it cannot be cancelled through notary or any other way .It is not legal as per law.It has to be decided by the court only by filling petition fo divorce .Other procedure are not legal