Advocate Vaibhav Vats

Questions Answered by Advocate Vaibhav Vats (25+ answers)

Q: Procedure for filing divorce

Dear Sir/Ma'am, Me and my wife have decided to get a divorce. This would be a very mutual decisions and we have being living separately for 7 months now. We got married on 12th December 2014 and we decided to part ways on 5th February 2016. Both of us are presently staying in Mumbai. We got married in our home town but we didn't apply for a marriage registry/marriage certificate from the court. Both of us are Hindus and the wedding ceremony was performed as per Hindu custom & rituals. Kindly let me know the way forward the the complications if any. Thanks in advance!

Advocate Vaibhav Vats answered
Firstly, whether its a mutual consent or is it contested?In case its mutual consent, then you will have to file a mutual consent petition, in the family court of the jurisdiction where u reside. on the basis of your mutual consent and the settlement agreement arrived at an order will be passed. This process is done twice, one is first motion and the other is second motion.The other thing is contested divorce, where there is no settlement and the parties are fighting amongst themselves.in that also the process remains the same, with a difference that you file a petition establishing the instances of cruelty or the instances on the basis of which you are claiming divorce.

Q: Ongoing DV case,Maintenance and 498A from past 2 years 1 son also

from past 2 years i have beening contesting a case in the Domestic Violence, Maintainence and 498A against my husband and his family, i have a four year old son who is also staying with me. they have just now started to appear in court. i have few evidences against them for domestic violence and demand of dowry also but they have not given a consent but they have instead submitted some documents stating my present job and my salary saying that she is working and she is capable enough to take care of her as well her child. now i want to know what options do i have to nullify what all papers he has submitted as my salary is very low and he is earning approximately 10 times more than me.

Advocate Vaibhav Vats answered
Those documents will not play a major role!!!Firstly that is the amount with which probably you can take care of yourself, however the child is a joint responsibility and your husband will have to pay for it. The way courts now work is that they will ensure almost a similar lifestyle, which shall include basis requirements and others; thou they wont assure a luxurious life!!!!My suggestion is that you may proceed with arguments on maintainance on the basis of the Income Affidavits furnished by both of you and the documents filed along with it. .