You can ask direct question to Advocate Pratibha Bangera - 96640 00362

1.How do I respond to a divorce petition without a lawyer?
Answer - you can make an application to seek permission to represent as party in person and proceed before court

2.How do I file for a divorce in SC without a lawyer?
Answer - jurisdiction for initiating a divorce starts with family court

3. What does a judge ask a child in a custody case?
Answer - questions which can establish highest child welfare and sensitive to child's needs

4.Is it compulsory to give compensation after a divorce?
Answer - if there is an application and a deserving case

5.What might be a winning strategy for Child Custody in India by Father?Answer - start with application asking for daily updates from mother and Skype video meetings without interference of mother and exercise regular access. File a habeas corpus with high court to address this issue in an aggressive manner if mother may be hiding the child. Impress upon the point seriously.

6.What should my father do if my uncle (father's brother) and mother are denying to divide the ancestral property? What are the laws and rights related to this?
Answer - Depending on your religion, seek partition suit. Consult a property lawyer in your area and begin process.

7.How do I claim money spent on marriage in mutual consent (divorce)?
Answer - terms in mutual consent are by consent of both parties

8.Has anyone been divorced two times by the same spouse?
Answer - yes several cases where parties remarried after divorce but applied for divorce again due to incompatibility.

9.Is it better to get a lawyer for child custody?
Answer - Family law practitioners know applicability of laws to enforce your rights.

10.Dowry case filed against husband, parents and his sister. Divorce case filed in Luxembourg and has been granted. Husband paying alimony as per Luxembourg law. Can this mutual consent divorce be used to quash dowry case in India?
Answer - if you wish to withdraw you will have to apply before high court for quashing

11.How do you differentiate the rate of divorces going high and the rate of marriages on a high too?
Answer - is this a question or statement.

12.How do super introverted people manage to get married?
Answer - Sometimes parents arrange or through marriage portals



13.Is there any way to stop a divorce and be reunited with a husband as he is not listening to anything?
Answer - File for Restitution of conjugal rights

In the wake of Corona virus stand still, Adv. Pratibha Bangera (family court lawyer) urges for speedy disposal of cases for real justice.

Justice delayed is justice denied

In the wake of Corona virus stand still, Adv. Pratibha Bangera (family court lawyer) urges for speedy disposal of cases for real justice. 

Q. Why is it famously believed that judicial system in India is slow?

A. When a litigant reaches a lawyer’s office, a lot has already taken place in his/her life and with this back ground there is an emergency situation and panic that the person struggles through to get some relief. 

With large number of cases and fewer judiciary staff it takes some time for filing of cases and matters to be listed in court. 

Sometimes due to lack of experience, lawyers file in wrong courts which get rejected due to lack of jurisdiction. 

And most importantly lawyers who are for opponents delay by taking dates with flimsy reasons.

On other occasions judges are absent or judges are not assigned and court is awaiting transfer of judge to take charge or judges go on jail visits and cancel the days cases.

The worst is even after order for matter to be heard exparte (without reply of other side) applications to set aside such order is allowed in principal and practice.

Thus it is a common practice of lawyers to use every available provision of law to delay matter. The aggrieved party has no choice but to accept such delayed and deferred dates.

Q. Does the law not have any timeline for conducting such cases?

A. All civil cases are bound by guidelines and time frame in Civil Procedure Code Act or CPC and for criminal cases, the time line and procedure is provided in Criminal Procedure Code Act OR CRPC. 

However there provisos and time frames are only directory and not mandatory and the supreme court has held that extension of time may be allowed in exceptional cases so that no innocent person should be denied a chance to defend himself.

Q. Who is responsible for delay of cases? 

A. Combination of system errors, litigants who wait till last minute to go to court, lawyers supporting and protecting their clients, judges not inclined to hear matters or pass immediate judgments and by then judges may get transferred and matter has to be argued again before another judge who takes charge and same delay may repeat. 

There is no check to hold anyone accountable. And in some cases even after the sentence the execution of judgment itself takes a few years at the least. This irregularity causes litigant to hold judicial system responsible unless the Legislature suggests appropriate reforms.

Q. Has there been any steps taken to alter or change this and speed up matters? 

A. All courts have a practice of expediting hearing of old cases. A list is displayed for all cases which are in court for more than 3 years from time to time. 

Party themselves can make application to expedite hearing but even these applications may delay regular routine and be misused to further delay the case waiting for specific orders. In absence of presiding court, party can also take matter before discharge court. But these orders are limited only to an extent and if it's not a written order, same is not likely to have any benefit.

Q. How can a simple litigant with no money get any justice when everything runs so slowly?

A. There are court mediation centers set up for all types of matters. Lok Adalat consists of practicing lawyers or retired judges or judges of other courts or people well qualified to take up resolving cases in their court. 

But if these matters are not jointly resolved in some kind of settlement, matter goes back to regular court. For some this may not be a conducive bargain and they may prefer going on with the fight instead.

Q. What happens when a litigant dies while there is an ongoing case?

A. Legal heirs come on record in cases where there is money or property or liability involved. 

Legal heirs cannot be held accountable for sentences or criminal conduct of deceased accused/convict

But where there is penalty or compensation payable the same will be recovered from the assets of the offender or convict who has deceased.  

Q. Are international courts also facing similar situations?

A. Justice hurried is also Justice Buried. Every judgment is required to be substantiated with a good reasoning. No two cases are same. It is the same all over the world. Not just in India.

Q. What will happen in this Pandemic situation where all cases are on hold?

A. Online court system to file all applications/ replies/ arguments and judgments including online registration of police complaints by way of video recording will simplify and regularize cases. This could also reduce distortion of statements given. Updating these records on a police database or court database or cloud may be a solution.

Video conferencing is already a practice adopted by court.  Applications, replies and arguments can also like wise be submitted after a lawyer identifies the client in his/ her respective office. 

This suggestion is not just during the pandemic but even regularly. 

Wastage of time can be kept to minimal if digital mediums are encouraged for court practice. 

Also there is no undue influence or bias caused if this manner can be adopted. 

People can work more productively and efficiently.

Advocate Pratibha Bangera sharing her thoughts on divorce and family cases after divorce.

Q. How do you see Corona affecting divorce cases ?

If a marriage is strong this phase will help a couple bond better but if it was a problem marriage, staying together will certainly drive them apart. Couples may even adjust during this crisis temporarily during "social distancing phase" but there could be an outburst once things return to normalcy. Habits and vices are hard to change unless the change is within and self reformatory. People who are already in court may not compromise or reconcile because of Corona scare.

Q. Does staying too close in family breed more cruelty?

Every divorce is preceded with a cause of action. Without a real cause of action registeration of case also becomes difficult. If a married couple is already going through conflicts, these testing situations may reach a point of explosion.While police is dealing with corona alerts  they  may  also receive   phone calls from people  who are victims of domestic abuse.

Q. What is typical about Indian set up and family environment that leads to divorce?

Divorce and Ego go hand in hand. Some people respond to simple requests with love while others may get violent. Whether it is a joint family or a mono family set up problems arise when one person is constantly being difficult and demanding and the other person is humiliated and forced to adjust. Without wooing, loving and caring for a partner a marriage cannot exist for long. Marriages that lack romance and fidelity end up in divorce

Q. Is the court equipped to handle ego clashes and distinguish it from real cruelty or danger situations?

All divorce petitions are admitted per se at the time of filing  But the genuineness of grounds for divorce are evaluated only after evaluation of evidence and circumstances and sometimes parties settle matters midway without going into trial or waiting for the judge to decide whether the petition is worthy of granting divorce or not. Especially when both parties want a divorce. Settlement terms are worked out with the help of lawyers and court mediator officers or counselors.

Q. What happens to court functioning when there is a lock down?

Like all other services, even family courts have taken strict precautionary measures and asked litigants to stop crowding at court premises. All daily boards are discharged and longer dates given for follow up. The bar members are working zealously to keep lawyers updated so that they can in turn inform their clients to stay back and even urgent reliefs are not allowed unless it's a dire situation and so far there is no such case entertained for urgency in family court. Even filing of new cases have stopped till further notice.

Q. Do clients still call and consult in such situations too?

Divorce is not a solution to household problems. People who end up in court have deeper and serious issues. When one of the spouse hits the roof and reaches a point where all levels of tolerance is destroyed, they have no option but to seek divorce. People are calling and waiting and even pressurising lawyers to use this period to focus on polishing their arguments and preparatory work.

Q. So is Corona scare going to bring families closer or drive the couple apart?

Brewing situations and circumstances of divorce are suffered for a long time, before it reaches court. There is a possibility that situation of divorce may rise even in India as China is also witnessing an unprecedented rise of divorce applications since re-opening on 1st March.

 

                                                     Advocate Pratibha Bangera
                                             Founder - Topritejuris Legal

“We should have a single “Divorce Act and Family law” instead of separate religion based acts for Hindus, Christians, Muslims, Parsi, Jews etc. What is the purpose of continuing so many Acts introduced by the British? Maintenance and spousal support is not raising her dignity, instead helping a woman become financially independent and dignified by providing higher salary and creating jobs to help her pay for her accomodation and safety especially when she has physically suffered set back during pre and post natal period and remained at home during nurturing stage of infant and has no means to pay for day care will help. Modiji has to seriously attend to gender discrimination and disparity of salary between men, women and transgenders for the same post. India still has higher pay package for men. Transgenders should also be treated as women or else they will suffer begging, rape, humiliation and prostitution.”

– Pratibha Bangera 
Advocate

THE PAIN OF BEING CAUGHT UP IN PROPERTY-DIVORCE LEGAL BATTLE

THE PAIN OF BEING CAUGHT UP IN PROPERTY-DIVORCE LEGAL BATTLE

Advocate Pratibha Bangera, practicing lawyer at Family Court, stresses upon the importance of property dispute settlement to speed up divorce Q. How are property disputes resolved in divorce matters?  The concept of "Marital home" protects wife and children from being dishoused provided the wife and children have been continuously staying in that house for at least six months.  The wife can make an application before the concerned family court for permission to continue to reside as well as apply for a Stay or injunction against the husband from creating third party rights in the "marital house" or from selling it or transferring it to any other person's name.   Q. What is the right of a wife in her husband's property and in the property belonging to her in laws? In several judgement it has been  upheld that, a "marital house" of the wife is the same where the husband resides. A wife can get specific reliefs to continue staying at her marital house along with her children even if the house is registered in husband's single name and he has inherited or acquired the property. However there cannot be specific reliefs which wife can seek on house and properties which are self acquired by her in laws with their own money.  It is due to this reason that most husbands transfer their property to parents or siblings by way of gift or release deed to defeat the claim of wife in such properties.  However if the wife has been continuously residing at the same house, it is considered as her "marital home" and the wife can make applications to court for non interference with her stay in such homes.  Q. Does a husband also have similar right on the wife's property? If a husband has contributed to a property which is registered in the single name of the wife or in joint names, he may have to show proof of such payments made by him towards purchase or transfer of such property to the extent that he has paid and ask for refund or adjustment of such amounts with maintenance amount or alimony sought by wife if wife wants him to vacate or leave or relinquish his rights. And if he has been residing in wife's self acquired home , it is his " marital house" as well.  Q. What is ancestral property, does a wife or husband have a right to ancestral property of other spouse? Yes, both spouses have right to ancestral property "inherited" upto extent of their share as per their "Personal law" and as per provisions of succession Act and it is not a subject matter of family court but it will attract other civil case.  Q. What happens to the rights of children after divorce between parents? The right of a child to inherit parents property has nothing to do with divorce. A child's right of inheritance is independent of the legal custody. Q. If custody of the child is with the mother after divorce can the child inherit right to father's property. Yes a child of such parent can inherit even if he has attained age of majority. However if the father remarries and has further children, share if childs right in such property will reduce.  In such cases the surviving stepmother, her children will also be in the line of heirs simultaneously. i.e if the child's father has not already made a will or distributed his assets before his death between his new family members . Q. How can a property dispute delay divorce? Property and maintenance are the main areas which involves money and if these two issues are not amicable resolved between husband and wife, the litigation can continue for a longer duration and both parties are forced to suffer repurcussions resulting out of contested divorce  Q. What if the husband and wife own property in joint names ? If a property dispute cannot  be resolved between the husband and wife themselves, the court may direct parties to apply  for division of property before appropriate court or grant reliefs or Order of Stay or injunction  to secure the wife and children .  Q. What is the right of a surviving spouse when one party dies during pendency of  divorce? If one party dies during pendency of divorce, the other spouse will inherit property as if theyvare still legally wedded. A person will be treated as married till a "divorce and decree" is finally granted by Court. Also right of a widow will survive to ancestral property. Q. Is there a specific law as to manner of division of property during divorce? Every personal law has defined rights,  but we do not have uniform law. In some personal law  right of a wife to husband's property ends with divorce as marriage is  contractual  eg  Muslim personal law. Q. What is the "residence order" given to a wife? Under the protection of women from Domestic Violence Act 2005, if the victim of violence makes application for residence order, the court may direct husband to stay away from the house where the wife and children reside or ask the husband to make arrangements for an alternate accommodation for the wife and children.  Q. Does the family court or criminal Court have right to to order sale of a property?  Property partition or sale  are matters of civil court and a family court or criminal court does not interfere with "title rights" of property .  Q. How can a wife whose name is in a joint marital property affect a wife, if the husband is paying for EMI of home loan? Any loan outstanding in the name of husband or wife will reflect in the CIBIL score of husband as well as wife. There are cases where husband stops maintenance and takes top up loan without wife's knowledge and thereby causing deep prejudice to wife's right to take personal or property loan for herself.

WHAT SHOULD YOU BE CONCERNED ABOUT WHEN YOU DISCUSS MUTUAL DIVORCE

Adv. Pratibha Bangera is a practicing divorce and family court lawyer

and throws light on how to handle divorce smartly.

Q. What is the legal way to apply for mutual divorce?

You don't require a court to grant marriage certificate, but a legal and valid mutual consent divorce can happen only and if a family court grants permission for same. 

While there are codified sections and provisions for people who have married under the Hindu, Christian, Parsi or special marriage laws, the Muslim, Jewish and other customary marriages do not have a codified section for mutual divorce in India. 

Q. Which type of people prefer mutual divorce in comparison to contested cases?

People who do not want to go through the ugly process of allegations and legal grounds, prefer ending any remaining unpleasantness by opting for "by consent divorce". Also in some cases, the people are young and of remarriage-able age and prefer to avoid litigation battles and bitterness and choose to end their marriage expeditiously.

Also, the very rich and famous celebrities prefer a quiet and peaceful closure to an unpleasant situation.

Q . Can celebrity divorce couples avoid public appearance in court?

With the rising number of celebrity artistes being recognized in court, not all parties are accomodated "in Chambers" of judge. There are no special rules in family court but the court can adjust such couples in Chambers to avoid press and harrasment by people wanting to take autographs or being photographed even in such places .

Q. What precautions should a husband take while entering for a mutual consent divorce?

A woman thinks faster than men which has been a proven fact. So avoid delays because that is the main reason a woman reaches out for a contested petition. Any hurtful statements during discussions should be avoided and unless the demand is too unreasonable, offer to address all her concerns. Offer best child support voluntarily and have written terms for access and visitation.

Q. What are the steps to be taken by the wife heading for mutual divorce?

Avoid emotional expression or passive decisions. Have a supporting expense sheet if you have children. Also work towards a backup plan for being self sustained because any amount of alimony or maintenance is not enough for lifetime and it is impractical to expect that divorce can be your life cover.

Children should be the area of highest concern for both parents.

Most marriages break down because the litigants waste precious time in blaming one another. Most divorce proceedings are also delayed due to same reasons.

Q. Can a divorce be concluded in just one day?

It takes 6 months mandatory waiting time once you initiate a mutual consent divorce.. But one can prefer an advance petition and ask for waiver of 6 months statutory period subject to fulfilment of certain conditions as per guidelines set by the Supreme Court 

Q. Is it better to have the terms ready before filing for divorce or let the court decide?

It is always better to resolve all disputes by holding lengthy joint meetings in a legally competent person’s office and not make too many changes thereafter. 

Also stick to legal points rather than involving too many people who may go off tangent and spoil the case further.

Contested cases are expensive and time consuming especially if you are not well advised. Pay for mediation and get the best solution than getting mentally embroiled in a divorce saga.

Albeit some cases are only fit for contested divorce and deserving of lenghty trials but by and large all matters even contested cases get converted midway to mutual divorce. 

Hence, detailed discussions on all points of maintenance, custody or residence and visitation rights should be clearly understood by both parties to avoid future conflicts. 

Some couples who don't resolve these points often end up with arguments in court before the counselor. And even police intervention is required.

One does need to develop enough patience to achieve a smooth closure.

Q. Can divorcing parents get joint child custody? 

There is no legal term like joint custody. While one parent gets custody, other parent is granted visitation rights. The primary guardianship goes to the person who takes custody while both parents are providers.

Q. Can a parent be forced to visit a child?

No there is no legal provision for that. Parent can only be legally forced to provide financial support.

Q. Can a child inhert rights to parental property after divorce?

Yes, the child has succession rights to properties owned by both parents. However if the parent has remarried, the first line of succession goes to the surviving spouse along with other surviving children. 

Q. How much alimony can a wife ask for in a consent divorce?

These terms are discussed and settled upon mutual understanding. The husband can also give more than what he earns if he has means to pay. The court is not concerned from where the money has come. 

Recent Article - https://www.afternoonvoice.com/what-should-you-be-concerned-about-when-you-discuss-mutual-divorce.html 

The Founder of Topritejuris Legal

Divorce Lawyer

Advocate Pratibha Bangera: Pratibha is a renowned advocate for divorce and women’s rights and is highly sought by nationwide clients for her divorce related counsel and representation. She is a BA LLM and an alumnus of the Mumbai University and a member of the Bar Council Association of Maharashtra and Goa and a practising lawyer for nearly two decades. 

                                                             

Family Law

Additionally, she is also known for her humanitarian work and is a known expert in the family and commercial law field.She has been featured across nationwide publications and most recently has been an honorary recipient of award for humanitarian service by the Afternoon.