Advocate Vinay Singh

Questions Answered by Advocate Vinay Singh (25+ answers)

Q: Mere sas sasur aur patni bacche ko jarjsdi chheen liye hai

Mai karu ki mere bachhi mil Jaye unko jan ko khatra hai

Advocate Vinay Singh answered
Agar bachchi ki jaan ko khatra hai, toh turant nearest police station mein complaint karvao aur saath hi court mein custody ke liye application file karo (Guardians and Wards Act , agar illegal detention ho Emergency situation mein aap habeas corpus petition High Court mein bhi daal sakte ho, jisse court turant bachchi ko produce karne ka order de sakta hai. Saath hi, protection ke liye court se interim custody aur safety orders bhi demand kr sakhte hai aap

Q: Need a divorce after 10 years of torturous marriage

I have been married for 10 years and have two children, aged 7and 5. We have privacy concerns, interference from in-laws, lack of transparency, not having a healthy relationship and many other issues. It has become impossible for me to continue adjusting and compromising. I tried for 10 years due to family pressure and for the sake of our children, but I can't continue anymore. Please guide me on a smooth separation process considering divorce after 10 years of marriage in India. Please help me.

Advocate Vinay Singh answered
the simplest and smoothest process is mutual consent divorce. In this, both husband and wife jointly file a petition in court stating that it is no longer possible to live together. First, the court records statements of both parties. Then usually there is a 6-month cooling period, which can sometimes be waived by the court. During this time, you must clearly settle important issues like child custody, maintenance for you and children and streedhan. After that, in the second motion, statements are recorded again and the court grants the divorce decree. If your husband does not agree, then you can file a contested divorce on grounds like cruelty or mental harassment. Along with this, you can also claim maintenance and child custody through the court.

Q: My husband does not want to live with me.

“If my husband is not taking me back to live with him, can I file a case for maintenance along with Section 9 and would this be the right thing to do?”

Advocate Vinay Singh answered
and it is legally permissible to pursue both remedies simultaneously. Section 9 is used when you are willing to live with your husband and seek a court order directing him to resume cohabitation, while maintenance can be claimed under under Section 125 of the Code of Criminal Procedure or Section 24 of the Hindu Marriage Act, 1955 to ensure your financial support during this period

Q: My husband does not want to live with me

My husband does not want to live with me four months ago he left me while I was pregnant and now he is not coming to take me back

Advocate Vinay Singh answered
His conduct clearly amounts to cruelty and desertion under matrimonial law, and he is also legally bound to provide maintenance and proper care to you during pregnancy. If he continues to refuse to take you back, you have the full legal right to initiate appropriate legal proceedings for restitution of conjugal rights, maintenance, and protection under the relevant provisions of law

Q: I want to adapt Rahul Masurkar gv juwsB shihbAPNBXBPxb

I want to adapt Rohot Masurkar gv juwsB shihbAPNBXBPxb anu legal gier advice

Advocate Vinay Singh answered
Agar aap Rohit Masurkar ko adopt (legal adoption) karna chahte hain, to Indian law ke hisaab se kisi bhi adult (18 saal se upar) vyakti ko aam taur par adopt nahi kiya ja sakta; adoption zyada tar minor child ke liye hota hai, jaise ki Hindu Adoption and Maintenance Act ya phir Central Adoption Resource Authority (CARA) ke process ke through. Agar dono parties adult hain to adoption legally possible nahi hota, lekin aap chahein to will (vasiyat) ya gift deed ke through property ya legal rights transfer kar sakte hain; iske liye proper legal documentation aur registration zaroori hota hai