Advocate Goutam Prasad

Questions Answered by Advocate Goutam Prasad

Q: Procedure and fee structure of divorce, please advise

I want divorce from my wife our marriage have 16 year completed and from last 1 year I live alone. I Bering all the expenses from normal glossy item to my children education each and every thing. Please tell me what is the court fee and other free structure. I live in delhi

Advocate Goutam Prasad answered
Sorry to hear of your troubled married life. For divorce there can be two types - Mutual Consent which needs consent of both husband & wife and contested where you may take divorce irrespective of her being against divorce. You may read details of both at http://www.aegisjurist.com/blog/dissolution-of-marriage-in-india.Goutam Prasad Advocate

Q: What is the procedure for divorce.

Hi.. I need a divorce. My marriage 11yrs done.now we cant stay with each other..so I need divorce fast. I m not a good wife .m gud for nothing.I can't be a gud wife .I can't be a gud mother also.and 3yrs before m done a worong that I have chat with other guy.and after my fault my Hus have a relationship with one women .and now he done his second marriage.and am I don't have no patience for anything. And I'll fight with my hubby everyday .and m aiways giving replays wat he asked.and I can't to be a slave.and also I can't concentrate my kids.coz m not gud.m bad.so he want to get rid of me.so pls answer me asap.thank u...and m frm Kerala.our marriage done with Kerala Hindu marriage act.my age 29 .and his 31.we can't adjust with each other so pls give me an answer asap.he asked me to leave him for his peaceful life.so I want him free..that's all..is there anything u wanna know abt my problem details let Me know.. Thank u...Mrs. SV...

Advocate Goutam Prasad answered
If you wish to take divorce, you can have two choices either you may ask your husband and if he is ready then take divorce by mutual consent, or you can seek contested divorce on proving cruelty and desertion. Since he never invited you to accompany him at Germany both the grounds can be proved. Your expenses on marriage has legally no bearing in eyes of law. The same are told to court just to please petitioner like you and in anticipation of court considering same while granting permanent alimony. But legally court should not be influenced by same alone.

Q: Does hindu succession amendment 2015 apply to decree passed in 2003

does hindu succession amendment 2015 apply to pending suits if preliminary decree passed in 2003?

Advocate Goutam Prasad answered
No, law passed in year 2015 can not have any bearing on decree of 2003. Amendment in Hindu Succession Act is not applied retrospectively. However, if it was preliminary decree and final decree is awaited, Court will decide your case under present law, i.e. Amended Hindu Succession Act.

Q: Uncle unlawfully distributed the property what can i do.

Mere tau ji n mere aa ko hamri proprty me se 1/3ka share diya kuki hamsirf ladkiya hh hamara koi bhai nii and unhone hamre ghr pr tod fod bi ki h hamne polic complain kiya bt polic valo ne koi actin ni liy kaha ki court se fesla hoga kuki unhone polic valo ke pese de diye thi or ab bi yahi dhmki de rhe h ghr todn ki plzzz help me plzzz

Advocate Goutam Prasad answered
Police take action only on criminal cases as defined in IPC. Such matter of family dispute is out of purview of police jurisdiction.If your tau has not given your requisite share in property, you have option to file partition suit in the court having jurisdiction of area where property is situated.

Q: How can i Appeal in HC for a case against BSES Rajdhani

Due to some mistakes by my learned counsel, I mistakenly went the Permanent Lok Adalat to fight a case against BSES Rajdhani. Instead of being able to fight the case on its merits, I was forced into a settlement which I didn't want. How do I appeal to the Higher Court? In case an appeal is not possible, what other legal recourse is available?

Advocate Goutam Prasad answered
Unfortunately after settlement, no other remedies exist. Your advocate should have been informed you that lok adalat is for mediation and not for adjudication. If you have signed on any settlement, no appeal lies.