Advocate Vishal Batra

Questions Answered by Advocate Vishal Batra

Q: Mutual divorce obtain through fraud

A friend of my ex husband took me to the lawyer who was actually working for my ex husband interest.as there was no one from my family side and my husband was living with another woman at his house while throwing me out of house ( 4 days before divorce first petition) and his partner was pregnant too.all this took a toll on me and fearing my life and that of my 8 year old autusic son.i thought best option was to compromise.there are lot of lies and misrepresentation I have solid proof

Advocate Vishal Batra answered
What is your legal query? It is not clear from your text what specific information you want. Do you want to retract from the agreement? Or do you want to withdraw from a mutual consent divorce?Please update your query so that it can be answered with the exact information you are looking for.

Q: cc case 319 crpc detailed answer required interested answer

in ongoing 319 hearing, respondent are now claiming that they did not receive the revised petition. However, they have already filed a detailed counter addressing the contents of the petition.Rejoinder was also filed by petitioner after their counter...The Court docket dated 18.06.2026 records that the petitioner side was heard and the respondent side was heard in part. In these circumstances, does the respondents' present stand appear false and intended only to delay, how to respond to this ..

Advocate Vishal Batra answered
Please check the following:1. Was the petition revised after filing in the court?2. If yes, how much does it differ from the original?3. Were both the petitions (original and revised) sent to the respondents, or just the recision? If the revised petition was sent alone, it can be argued in court, with evidence, that the original petition was never notified to or sent to the respondents.4. Does the counter contain the reply specific to the paragraphs in the revised petition that were not in the original? If so, it can be argued in court, with evidence, that the counter is on the revised petition, not the original.5. Do para-wise replies map with the paragraphs in the revised petition while they do not match the paragraphs in the original petition? If so, this can be shown to the court to argue that the counter is against the revised and not the original.

Q: Divorce and alimoney case making life difficult for all the family per

Wife filed the divorce and court issues point for evidence stage but it was never done from that time from september. Why case has not been disposed. Please advise what happens in such case and what is done at their end to proceed further. She wants divorce and alimony where no dowry was indeed given, working women.

Advocate Vishal Batra answered
If she is repeatedly not appearing for evidence, file an application before the concerned court to close the evidence and dismiss the case. The court may give her one last opportunity, if you file the application to close her evidence.

Q: Wife'e Ex-parte order set aside cost of 5000 without arrears payment

Wife ex parte order was set aside by district court judge at 5000 cost without payment of arrears of 14 months wife and two minor kids.What are wife's options now.case is open WS requested from husband.Permanent maintenance was fixed.it should be recalled on monthly maintenance payment or arrears payment.husband sold properties after filing recall. There was kurki order/RC.

Advocate Vishal Batra answered
The wife can challenge the District Court’s order before the High Court. If the husband sold properties to defeat recovery, it can be pleaded as fraud on the court and conduct showing lack of clean hands.

Q: I m in extramarital affair before marriage I want divorce.

I m married. But I don't have physical or emotional relation with my wife. I was tied up in forces marriage. I m in relationship with my girlfriend before marriage in every way. I want divorce but my wife and families are not ready. I m unable to live with her I am suffering and mentally disturbed because of my wife and I want divorce any how. What should I do?

Advocate Vishal Batra answered
Indian law permits divorce only on legally recognized grounds, such as mutual consent, cruelty, desertion, adultery, conversion, mental disorder, or other grounds available under the applicable personal law. Divorce cannot be granted merely because one spouse no longer wishes to continue the marriage.Since you say the marriage was forced, there may be a legal remedy, depending on the specific facts, timing, and evidence.Alternatively, based on the facts stated, your best practical option may be to explore mutual consent divorce. You may speak to your wife respectfully, either directly or through family elders, counsellors, or mediators. If she agrees, you should be prepared to settle reasonable alimony and/or monthly maintenance, depending on the financial circumstances, as agreed between the parties or as directed by the court.Do not file any false case or make false allegations against your wife or her family. It is illegal, unethical, and can seriously damage your own case.Also, if you are mentally disturbed, please seek counselling or medical help, and try to resolve the issue lawfully through mediation.