Advocate Vaibhav Deswal

Questions Answered by Advocate Vaibhav Deswal

Q: Advice on filing Divorce and Property Settlement

Hi.. Myself and my Wife have decided to part ways after a marriage of 13 years and have decided to file for a mutual divorce.Since, there is no child and we have been living separately for more than 2 years now, hopefully a mutual divorce petition can be filed?Another important aspect where we are seeking advice is on property settlement - we have 3 joint properties with joint home loans on all 3 properties. Although, mutually we both have agreed on the division - 2 properties to remain with me and 1 with my wife; however the process to change the ownership and lending institution formalities are still pending.The question is can we file a mutual divorce petition by presenting a settlement agreement and work on property ownership changes after 1st motion or is it mandatory to settle all property ownerships and then file divorce petition?Kindly advice !!

Advocate Vaibhav Deswal answered
you can file joint petition on which you both are agreed you can write all terms and conditions on which you both are agreed. In first motion you can write details on which ownership you both are agreed. and before second motion you can do all settlement agreement. and in second motion you both give your joint statement that all have been settled.

Q: I don't want to give my husband divorce

My husband filed divorce case..our marriage was solemnized on 25.11.20..in his petition he's claiming that I am used to drink and smoke and he also have some pictures regarding this but in fact it was not only me..we both drink and smoke together many times..but now he's using this as ground for divorce..also he had screenshot of my whatsapp chat in which I was chatting with my ex..but he knows everything about him(ex) and he also knows that I don't have any relationship with him now..I obviously don't want to give him divorce but he wants..so my question is how to defend that in court and can he get divorce on this grounds?

Advocate Vaibhav Deswal answered
you can file case for restitution of conjugal rights. and maintance from your husband. Mere having screenshots of whatsapp chats us not a ground of divorce. Court will provide u protection in your inlaws house also.

Q: Getting divorce from husband nd marriage promises by other one is not

Mujhe mere husband ne abuse words use kiye the to me use chhorhk apne ghr rehne agai after4 months mujhe kisi or se pyar ho gya usne kha vo mujhse marriage krega divorce ke lo . Mene divorce file kr diya nd ab vo lrhka bol rha h vo shadi nhi krega because uski family allow ni kregi divorce wali lrhki se shadi krna .mere or us lrhk ke vich physical relationship bhi h or usne mujhe shadi ke promises kiye h kya me usk against case kr skti hu .mera divorce case chl rha h

Advocate Vaibhav Deswal answered
हां आप उस लड़के के खिलाफ के कानूनी कार्रवाई करवा सकते हैं और उसके ऊपर बलात्कार जैसे संगीन धाराओं पर केस चलवा सकते हैं क्योंकि उस लड़के ने आपको धोखे में रखकर आपके साथ शारीरिक संबंध बनाए। आपके तलाक का केस और दूसरे लड़के वाला केस अलग-अलग हैं इसमें आपस में कोई संबंध नहीं

Q: Emotional torture and sexless marriage

I am a 33 year old female, married for 7 years. My husband and I had a love marriage. We never had sex after that. He is not interested. There is no medical problem with him. I have depression and low self esteem because of this. I can't take it anymore. He doesn't want to divorce me. My parents are also against the divorce. How can I take divorce? I don't have a lot of money to fight a long case but I have a job and can take care of myself. Can emotional trauma and no sex be basis for a divorce? Can I leave my husband and parents and run away? I am very stressed and under pressure.

Advocate Vaibhav Deswal answered
you can take divorce from your husband on ground that you have explained in your query. and your husband is legally liable to give you allowance and if you want to remain in same house also he will have to give u separate room and your monthly allowance as well.