Advocate Utkarsh Srivastava

Questions Answered by Advocate Utkarsh Srivastava

Q: What to do if husband sent a notice of Section 9 of Hindu Marriage Act

My sister has been married for 14 years. She has two sons, with the elder sent to a hostel two years ago against her wishes, and the younger one is mentally challenged. Last year in June, my sister and her younger son were forcibly evicted from their home by her husband and in-laws. Now, he has sent us a notice under Section 9 of the Hindu Marriage Act for Restitution of Conjugal Rights (RCR). What can be done in this situation, considering we have no father and no brothers to support us?

Advocate Utkarsh Srivastava answered
If you don't want to live with the husband. File a reply stating that why you don't want to live with him. Else, you can appear before the judge and give consent to live with the husband. If you don't give consent to live then, the husband has a ground for divorce after one year of order under section 9. Therefore, I will suggest to file an application for maintenance under section 125 crpc as well.

Q: Procedure to claim alimony while getting separated from husband

9 years marriage and 2 courtship. He had been on and off telling me he still loves his ex and wants us to quit our marriage. I hav a 5 year kid. How much can i expect as alimony. He has a rented restaurant and 2 homes on loan in dubai. Should i go mutual or fight. We both are hindus.

Advocate Utkarsh Srivastava answered
For alimony file application under section 121 crpc along side application for divorce. Alimony depends on the income of ur husband and the no. Of persons depending upon him.Better is to file a mutual divorce petition. U will save time. But before filing the first draft make a compromise deed.

Q: Procedure to get divorce from husband for his abusive behavior

My husband abusive and short tempered, he misbehave with me. It's 5years of marriage now. I have a baby to. His family is also not good, my mother in law and sister-in-law torture me many times. Plan and influence my husband for me. Now I decided to get separated kindly guide.

Advocate Utkarsh Srivastava answered
You need to file a petition for divorce under section 13 of the Hindu Marriage Act. Along with the petition file an application for maintenance under section 125 crpc for monthly expenses after getting separated from your husband.In my opinion you shall also file a criminal complaint under section 498 IPC against the cruelty.

Q: No builder response after judgement so wants to execute court order

Builder not responding even after 4 month of Judgement. Time limit was 3 months. Execution of court order need to be implemented. Step wise action to be taken. But how and what is the cost involved.

Advocate Utkarsh Srivastava answered
You need to file an execution petition before the executing court, which you need to file in the area where the subject matter of the dispute is situated. there is no court fee requirement, except minimal charges.

Q: Clarification on grounds for annulment of marriage

1) Can marriage be annulled if the girl has not revealed that she is divorcee to the groom? 2) If Yes, how much time does it take and what is the procedure?

Advocate Utkarsh Srivastava answered
No. On this ground alone marriage cannot be annulled. For annulment of marriage you need to file a petition before the family court praying for annulment on the grounds as provided in the Hindu Marriage act. There is no time period prescribed for deciding the case. However, it might take 6 months to 2 years on the basis of the evidence involved and cooperation by the parties.