Advocate Snehdip Oberoy

Questions Answered by Advocate Snehdip Oberoy

Q: If I go to Canada for my studies what complications would be there if

I have gone through physical violence from my husband and he asked for dowry during marriage. He drinks everyday and beats me . We have completed 2 years of our marriage. I want to go to the court for this . And also, I am planning for my further studies in canada if I file case against him and then go abroad does this affect me. And what if he files divorce after I go to abroad does it affect my visa or Permanent resident processes over ther and what type of complication i can face if he file divorce while i am pursuing my studies in canada.We dont have any child and we belong to hinu community

Advocate Snehdip Oberoy answered
See, there is no bar or effect on your travel or stay abroad even if you file any divorce case in India against your husband. However, you would be required to attend certain court hearings when your presence would be required. For instance when you lead your evidence, during those dates you would be required to be present on court hearings. Otherwise on other dates your personal appearance is not mandatory.

Q: Divorce query and the grounds on which divorce can be granted

My marriage is not legally registered till now although i had done a Hindu custom marriage. Plus we had given dowry too. I and my husband are not living together for over 6 months. On what ground can he get divorce? Plus is mutual social settlement outside the court is equivalent to legal divorce and can’t be challenged in court again?

Advocate Snehdip Oberoy answered
Registration of marriage has not been made compulsory in our Country although it is advisable to get that done. There are multiple grounds which are avaiable to every party seeking divorce under Hindu Marriage Act which in turn can be used by your husband in case he is looking to get divorce. Any mutual settlement outside the court is not at all equivalent to decree of divorce. Decree of divorce can only be granted by Courts.

Q: provisional registration of mental health establishment under MHCA

I have applied for deaddiction centre license 5 months ago in haryana.As per new Mental Health Care Act 2017 effective from May 2018, government has to give provisional registration within 10 days, issue new guidelines of minimum standards for different categories and then inspect the centre before giving permanent registration.However they issued a letter for certain changes after 4 months which were complied within 5 days and informed in writing about the same.But even after 5 months and 3 inspections the license is being delayed. Is there any legal remedy to enforce the Mental Health Care Act 2017?

Advocate Snehdip Oberoy answered
In case the competent authority under the act is unnecessarily and unjustifiably delaying the issuance of license in your favour, then in such a scenario you are well within your rights to approach the High Court with your grievance. Feel free to contact for further legal help.

Q: I want divorce from my husband...domestic violence..but my marriage du

My marriage duration is 10month can I get divorce from my husband

Advocate Snehdip Oberoy answered
See, as far as filing of petition for grant of divorce is concerned, that can only be filed after completion of one year from the date of marriage. However, petition for annulment of marriage can be filed even prior to that, subject to the facts & circumstances of the case.

Q: Harrassment of girl by her parents through court due to love marriage

My name is Suman lata. We got married against my parents will 5 month before. My parents filed a writ of habeas corpus against my husband at high court with a FIR under kidnapping and abduction sections which has been dismissed in November after my appearance into the High court. Now my parents have filed a civil suit under sec 34 of CPC against me and my husband demanding the money etc., which they have spend on me from my birth till now. What can I do.Is there any similar case or can I filed a harrassment action against them. Please help. We have taken already police protection against them, I fear that they want us to come into their city in any way, so that they can cause harm to us.

Advocate Snehdip Oberoy answered
This seems to be a frivolous suit filed by your parents simply to exert pressure tactics on you and your husband. It is highly unlikely that they would succeed in such a suit. Nothing much to worry about. Feel free to contact for any further advice on the instant issue.