Advocate Swati Shankar

Questions Answered by Advocate Swati Shankar

Q: My daughter is 8 months old . I want my child custody

My husband beats me so I came to my home but he didn't gave me my child . I want my 8 months old daughter custody as soon as it's possible . What should I do for that . Please. Suggest

Advocate Swati Shankar answered
you can contact me for legal help. I will help you with legal remedy. You need to file child custody case under your jurisdiction of court . contact me for same. Thankyou. You can also file domestic violence case against your husband.

Q: Mental cruelty and harrasment by father

I m 22 ye old female.my father has been continuing harrassing me and my mother. He is giving 10k for monthly expense.and sometimes when mom doesn't feel to cook he fight and abuse us very badlyHe threaten us that he will sell our house and will bring me n my mom on road.He keeps threatening us that he is senior citizens and he will make false case of torture against us and arrest us.As I am doing masters he continues tell me that I should have taken job after graduation and compel me to drop my College so that I start earning.He also keeps threatening to do suicide Due to his continue harrasment I have failed in my semester exam and I am very much mentally depressed.Because of him I am unable to study at all What is the remedy against this

Advocate Swati Shankar answered
You can file domestic violence & maintaince case in the respective court for the same. A police complaint should also be given in the nearest police station stating all the issues. Which place are you from? Be strong and prepare to fight against this torture.

Q: Father not providing any maintenance to me and my mother, what to do?

Sir, I am 20 years old studying bachelor's of sciences at the Delhi University.My father has left the house after a quarrel and has stopped providing monetary support since then.Even though he is the only earning source in our family and my mother is unemployed. Sir please clarify if I can file a case against him for not providing monetary support to me and my mother

Advocate Swati Shankar answered
Yes your mother can file maintenance case against your father. Its her right to get expenses from her husband. You didn't mention he is into job or business. Need more details. He would be paying accordingly.Contact me for further guidance.

Q: Requirements to marry a foreigner in India

What is the requirements of a Filipino woman to get married with Indian man? Filipino woman religion is Catholic

Advocate Swati Shankar answered
Parties who do not wish to marry in a religious ceremony can instead opt for a civil ceremony pursuant to the Indian Special Marriage Act of 1954.In case a marriage between an Indian and a foreign national is to take place in India, generally its required to file a notice of intended marriage with a Marriage Registrar of your choice in India. That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.The notice of intended marriage can only be given in India, if at least one partner is permanently and the other partner temporarily resident in India.If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice” collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. After the stipulated waiting period of 30 days the marriage can take place in India. Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.Contact me for further guidance. Thanks

Q: What to do in case your husband wants divorce but you dont

Dear Sir, I wanted to tell you that my sister who married from past 23 years is under lot of stress. Her husband is well educated but still has made her life worse. She is an house wife and have 2 kids 14years and 20 years old. Her husband since the beginning has nature to always disgrace her and has given threats to kill her as well. He is also getting advise from his lawyer and had sent a mutual divorce agreement twice to her via email. On the other hand my sister love her kids and dont want to get separate because of them. Please advise our further course of action. Regards

Advocate Swati Shankar answered
Mutual divorce only possible when both husband and wife agree for divorce. If your sister doesn't want to take divorce how can he force her for the same. 23 yrs of marriage and 2 children. You have not made clear what ground her husband is mentioned for divorce. If he disgrace her and tortures her. If she doesnt want to stay with him she can file domestic violence case or 498a. Maintaince case also to be filed asking for expenses. Dear client you have not stated clearly whats your sisters decision. Contact for furthur guidance. Your question is not so clear