Advocate Umesh Kumar Yadav

Questions Answered by Advocate Umesh Kumar Yadav (25+ answers)

Q: How can one prove a mental illness, such as schizophrenia, in court in India?

Hello Sir/Madam, I got married as per Hindu rituals and now wish to seek divorce. My husband suffers from Obsessive-Compulsive Disorder (OCD) and is not mentally fit. How can I legally prove his OCD in court? Please advise on the legal process and necessary evidence.

Advocate Umesh Kumar Yadav answered
You may file a divorce petition on the grounds that your husband is suffering from a mental disorder, as stated by you. To establish this in court, you can request an independent medical examination through a court order to confirm the condition.

Q: can i get divorce without going to court in india ?

Can I give divorce without appear court proceedings ,how to apply divorce online ?

Advocate Umesh Kumar Yadav answered
If you initiate the divorce proceedings (mutual or contested) then you have appear in court as and when the courts thinks fit to examine the parties in person or for recording the statements. But if your spouse initiate the same, you may choose not to appear in court and your spouse will get ex-parte divorce. Your purpose would be solved.I hope i am able to answer your query

Q: Husband filing for divorce on the ground of cheating

Actually my husband has a whtsapp screen shot proof of my chat with one of my collegue. The time when i was pregnant that time i had a chat like ""madam how are you and you have conceived a baby congrates ..your husband is back or not.you must have a baby boy agr na hua its ok next mera kar lena..."i mean that was totally fun. And now my husband is also making ground of divorce to this chat and saying that i have extra marital affair. So my question is what should i say in front of judge. Whether i say that the chat was not mine or my husband have done this chat through my phone with his friend. I need your advice in this. Thank you and regards

Advocate Umesh Kumar Yadav answered
This chat does not form any kind of admission or confession qua any extra marital adulterous relationship. This is no ground. But you need to be represented properly. this is very technical. Getting divorce on the basis of this chat is impossible.

Q: How to deal with Violation of fundamental rights legally

What is the procedure for case file on the violation of fundamental rights? What will be the cost?

Advocate Umesh Kumar Yadav answered
Dear sirYou may either file it in respective high court or directly in Supreme Court qua infringement of your fundamental rights. Cost for the same depends on the subject matter and hard work needs to be put in.

Q: Wife filed for contested divorce and cruelty

I separated from my wife after discovery of her affair and she has not admitted it. She has filed for mental cruelty contested divorce case against me. What should be legal options? My main objective is establishment of her affair. Thanks

Advocate Umesh Kumar Yadav answered
First you need to collect as much evidence as possible for establishing her adulterous relationship. You need to tell me the jurisdiction where your wife had filed divorce petition. It is also important to know the contents of divorce petition.