Advocate Shubhangi Bawse

Questions Answered by Advocate Shubhangi Bawse

Q: RCR - Can I go to matrimonial home

My husband has filed RCR ( counselling stage) . I have filed DV ( Interim argument). Both the cases are ongoing from last 2 yrs.Since my husband is not attending any of the court matters regularly , My question isn1. Can I directly go to my matrimonial home with my kid as I want to stay with my husband? n2. Will they allow me to enter in their home?nnPls guide.

Advocate Shubhangi Bawse answered
in the absence of any prohibiting order to enter in your matrimonial house, you and your kids have full right to enter, reside and stay in the house. even otherwise your husband has already filed RCR

Q: Domestic violence against my mother.

My mother is suffering from mental, physical, emotional violence from my father. My father and his family members abuses my mother and my mother's family members . She is suffering from all of this since marriage. We don't want to stay with this man. He is only concerned about his sister and his sister's children. He don't respect my mother. He daily abuses her, fights with her. I want to know the details of the law against domestic violence.

Advocate Shubhangi Bawse answered
your mother can file complaint under the domestic violence Act in court of law and claim protection order along with maintenance, compensation for the damages, alternate accommodation and many other reliefs

Q: Property is belong to husbands father's

He is ready give mutual divorce, but 25 lakh as final settled, I need some more from in laws property

Advocate Shubhangi Bawse answered
If this much amount is satisfactory for you at this stage, you can surely get agree for mutual consent divorce. you can not claim from in laws property at this point off course, your kids, if any, are entitled to inheritate the same, in future

Q: How do I get absolute divorce decree in India

How do I get absolute divorce decree in India? The certificate should say absolute divorce "non-appeal"

Advocate Shubhangi Bawse answered
You can file a divorce case in the place where your marriage took place or where both of you lastly cohabited together. A divorce decree is always open for appeal except in the case where it is obtained by mutual consent of both the parties.you are advised to go for mutual consent divorce petition

Q: Compensation of wedding expenses post divorce

Need to know, wife had applied for divorce.and she is asking for compensation of marriage expenses.marriage had taken place 8 months ago.she wanted to divorce.is it need to pay compensation.we are Hindus.

Advocate Shubhangi Bawse answered
It both of you are Hindu by religion, you are governed by the provisions of Hindu Marriage Act. There is no such provision for the compensation of marriage.however if your wife is not working/earning she may claim for the maintenance of her own.