Advocate Utkarsh Mehta

Questions Answered by Advocate Utkarsh Mehta (25+ answers)

Q: DV Case Dismissed Against Me.. Sec.9 Exparte Decree Passed My Fvr..Now

Maine section 13 ia,ib and 1A(ii) ke under Divorce file kiya hai..first date pe Wife ko summon issue Kiya Gaya ..ab Cover me Refused Likha hua hai...ab second date pe kya stage hoga

Advocate Utkarsh Mehta answered
Agar summons par “Refused” likha hua hai, to law me generally usko valid service maana jata hai. Dusri date par Court usually wife ki appearance check karega. Agar wo present nahi hoti, to Court ex-parte proceed karne ki direction de sakta hai ya final opportunity de sakta hai.Aapko next date par process server ki report, postal receipt/tracking aur refusal endorsement properly record par lana chahiye. Agar Court satisfied ho gaya ki jaanbujhkar summons refuse kiya gaya hai, to written statement ka chance limited ho sakta hai aur matter petitioner evidence ki taraf badh sakta hai. Exact stage Court ki satisfaction aur local practice par depend karegi.

Q: My husband an extra marital affair he is forcing me for divorce

I want to save my marriage police is not helping me he constantly threatens me of sending a divorce notice he stays with that woman what should I do it seems that law is on his side police also not helping what should I do he doesn’t give me enough money to even hire a lawyer mine is love marriage of 21 years what do I do. He even says go and die I want the action to be taken on both my husband and that woman

Advocate Utkarsh Mehta answered
I understand your situation. Please don’t feel that the law is only on your husband’s side — you have strong legal rights under current laws.If your husband is threatening you, abusing you, or telling you to die, it amounts to mental cruelty and criminal intimidation under the Bharatiya Nyaya Sanhita, 2023. You can file a complaint for such behaviour.You can also take protection under the Protection of Women from Domestic Violence Act, 2005, where you can seek:Protection ordersRight to reside in the shared householdMonetary relief (expenses and maintenance)Even if he is not giving you money, you have a legal right to claim maintenance under Section 125 CrPC (now continued under the new criminal law framework). The court can order him to provide you monthly financial support.His relationship with another woman, though not a criminal offence now, is still a strong ground of cruelty and can be used in legal proceedings.If police are not helping, you can:File a complaint directly before the MagistrateApproach the Women Cell / Protection OfficerSend a legal notice through an advocateIf you want to save your marriage, you can also opt for mediation or counselling through court.Please stay strong — you are legally protected, and proper action can secure both your safety and financial rights.

Q: Need to apply for khula as I was lied before the marrige about him

I was not informed about spouses mental health issues and that he has problems in understanding things, situation and what the person wants, and it is not digestible for to accept the problem and get along with this marriage because I was lied before head so is it possible for me to get the khula

Advocate Utkarsh Mehta answered
In Muslim law, Khula is also an option, which can be initiated by the wife, subject to conditions and mutual consent. However, if the husband does not agree, you may still approach the court for appropriate relief including divorce on grounds of cruelty, fraud, or unsoundness of mind.

Q: Seeking advice on impotency in mutual Divorce

I got married in 2015, however martial relationship never got consummated as my husband is suffering from erectile dysfunction (impotent). I stayed with him in marriage and he is now asking divorce. We are going ahead with mutual divorce but he denied that he is not impotent. How to prove it.

Advocate Utkarsh Mehta answered
Aapke case me “non-consummation of marriage due to impotence” ek valid legal ground hai. Agar husband deny kar raha hai, toh proof ke liye sabse strong evidence medical examination hota hai.Court ke paas power hoti hai ki wo husband ka medical test (potency test) karwane ka order de. Agar wo mana karta hai, toh court uske refusal se adverse inference le sakti hai.Iske alawa: • Aap apni testimony (statement) de sakti hain• Marriage ke itne saalon me physical relation na hone ka fact important hai• Koi messages/communication ho toh wo bhi support karegaAgar aap mutual divorce kar rahi hain, toh yeh prove karna zaruri nahi hota — waha terms decide karna zyada important hota hai. Lekin contested matter me medical evidence sabse crucial hota hai.Proper legal strategy se aap apna case strong bana sakti hain.

Q: I want divorce from my husband because of mentally harassment

Mujhe divorce chahiye because mere husband mujhe mentally harash kar rahe hai..2 sal se bheek mang rahi hu divorce do, but wo mujhe blackmail karta rehta hai..mujhe ek kharcha nahi deta hai , ab jab dene ka promise Kiya toh pura amount v nahi deta hai , half amount deta hai..na mera kharcha uthate hai.na meri beti se mujhe milwate hai..unke family mujhe bahut harassment karte hai

Advocate Utkarsh Mehta answered
Aap bilkul tension mat lijiye, aapke case me aapko divorce mil sakta hai. Husband ka mentally harass karna, kharcha na dena, blackmail karna aur aapko beti se milne se rokna — yeh sab cruelty ke strong grounds hain.Aap yeh steps le sakti hain: • Divorce file kar sakti hain (cruelty basis par)• Maintenance (kharcha) claim kar sakti hain• Domestic Violence Act ke under protection le sakti hain• Child custody/visitation ke liye court ja sakti hainAapke husband aur unki family ke against bhi legal action possible hai. Aap strong case bana sakti hain, bas proper details aur documents ki zarurat hogi.