Advocate Vivek Chaudhuri

Questions Answered by Advocate Vivek Chaudhuri

Q: How can I file for mutual divorce and also get financial assistant

It's been just 10 months that I got married and my husband and his mother started harassing me within 1 month of marriage , when I couldn't face the cruelty further I came back to my father's home after living for 5 months at my husband's home..I wish to file a mutual divorce and need maintenance also in current situation as I lost my job due to depression that was caused by my mother in law, my husband has not spend a single penny since I came back, how can I claim maintenance till divorce and pls guide me regarding mutual divorce too

Advocate Vivek Chaudhuri answered
Hey, sorry to hear what you had to go through. You can file for a case of mutual divorce & also get maintenance from your husband. Since you are not working hence this will be easier. For further deatils contact us.

Q: hiiii i wanna know about divorce.ii need legal advice.

hi.....I want to know about divorce. I have been married for 6 years .I have one child. since 6 years I have been suffering a lot. lots of times he beat me. I never file any case against him. now I cant tolerate physical assault. I belong to poor family. I don't want any alimony. I just want separation. please guide me.

Advocate Vivek Chaudhuri answered
Hi, sorry to hear what you are going through. Yes, you can file for a divorce & file an FIR for the assault that he is doing in order to force him to give you a divorce. You have to take care of your safety & we would advise that you may call the nearest police station in case of any emergency. For further advise you can call us.

Q: Husband wants divorce and custody of my daughter

I have filed 498A case on my husband and he filed for child custody which i got that transferred to my city also there is one FIR case going on against him.Later he filed for divorce first.. I have no interest in living with him or contesting that divorce so can i go ahead and give him divorce that he wants also there is one condition that i dont want to give away my child custody neither any keeting rights to him as he ran away once with ny child without informing anyone and made my child suffer on 5 days driving on a road continuouslyI dont want anything from him all i want is my childPlease advise.

Advocate Vivek Chaudhuri answered
Hi, sorry to hear what you had to go through. You can hire a lawyer who will, in turn, negotiate a settlement with your husband & tell him categorically that you will not part with your daughter & that will be the only condition on settling for a mutual divorce. No one can take your daughter away from you. For further advise call us.

Q: Filing of divorce suit by my daughter(Hindu) under Hindu marriage Act

My daughter aged 31, Hindu, is married for 2 years with no issue, Husband and wife were engaged in constant quarrel . Finally, one day he abused her in top of his voice, threw food and clothes on her and asked her to leave his house. Even he called me up over phone and asked me to take my daughter away. Being harassed and humiliated, my daughter left his rented house leaving all her belongings there. Since last 5 months she has been living with us. During this period there was no communication from his side. Seeking advice on the following:n1. should she move Divorce petition first or wait for him to proceed firstn2. How to recover all the furniture, other belonging and gold ornaments gifted by us to groom at the time of marriage. n3. Since no DV complaint/FIR has been lodged so far, can it be done now?n4. Income: His Rs.16L, Her Rs, 13 L. Can she claim alimony/maintenance?n5, He is having a 2BHK flat other than his paternal house, Can she get a house to live after divorce?

Advocate Vivek Chaudhuri answered
Hi. Sorry, your daughter has had to face this orderal. To answer your questions -1 - Yes, she can move for a Divorce first. 2 - All the items given during marriage come under stree dhan & can be recovered as soon as your put a case for DV & Maintainance. 3 - Yes, FIR & DV case can be filed. 4 - Yes, she can claim Maintainance. 5 - The house is subject to the negotiation which is done at the time of divorce. For further details you can contact us.

Q: I want a divorce but he threatens me with everything to stay in it.

I married in feb 2021. It was a court marriage and our families doesn't know about the marriage yet. After almost 3 months he started abusing me right left and centre and when things got out of control i wanted to end this marriage but he threatens me everyday with everything that he will leak my pictures my videos, he will tell everybody (my family) about our marriage and abuse them. He says he will make my life hell and also of my family. I cannot take it anymore. Please guide me what can i do about it.

Advocate Vivek Chaudhuri answered
Hi, Sorry that you had to go through this. You can file a case for divorce, DV & maintenance so that he is under pressure to not threaten you or behave in any funny or immature manner. Plus, threatening to leak photos comes under blackmailing which is again punishable by law. For further details- call us.