Advocate Rajeshwari Rajendra Bhosale

Questions Answered by Advocate Rajeshwari Rajendra Bhosale

Q: Withdrawal of civil suit filed by myself how to do

I filed a civil suit to safeguard my plot of land from another party to restrain them from trying to take possession, now I have sold the land over two years ago and I want to withdraw the suit. The party who brought the land have refused to put the suit in their name, so I want to withdraw as they are using my name. I want to clear my name and also I have no interest in the matter now. I told the judge of my intentions and she said give an application if withdrawal. How do I do this, what is the format, and can I give to the court on any day regardless of the next date of the case? Who do I give it to? I have no lawyer.

Advocate Rajeshwari Rajendra Bhosale answered
There is know prescribed format of application for withdrawal of civil suit. Yes. You have to file an application to withdraw the suit. You can prepare yourself with the help of court clerk. He will assist you.

Q: Cancellation of marriage done with first cousin

My friend (Hindu) does registered marriage with her first cousin (Mother's Sister Son). Her parents are against the marriage and want this to be reversed being North Indian Hindu they were told that such marriage with cousin is null and void. in this scenario what would be the way forward for cancellation of registered marriage. the girl and boy now accepted their mistake.

Advocate Rajeshwari Rajendra Bhosale answered
There are provision in hindu marriage act, 1955 . As per information stated by you, you can file a petition under section 11 of the said act for decree of Bullitt of the said marriage. You can file the case before appropriate forum. I.e. family court or the court who has jurisdiction to try and entertain matrimonial cases.

Q: What can I do if my wife is falsely accusing me of cruelty?

If wife gives untrue stories saying mental cruelty, giving false complaints in police and staying with mother without any true , justify reason. Husband not ready to give divorce taking into future of spouse and baby. what is remedy.

Advocate Rajeshwari Rajendra Bhosale answered
Hi, your story is difficult to understand the problem between you and your wife. there are always normal disputes between all couples. Considering the tender age of your kids both of you have to sort out the differences amicably with the help of close relatives, well wishers and friends of both. If you do not want then you may file petition for judicial separation.

Q: Divorce under adultery and Mental cruelty

I have caught my wife red handed with her Lover in July 2016 and the hotel where she stayed in Bangalore provided me a covering letter stating the facts that my wife stayed in the same room with her lover and all the proof of the hotel booking made by her lover and the payments made by my wife through debit card and cash. Similar proof was provided by another Hotel in Bhubaneshwar . She does not have any physical relations with me . She also tatooted name of her lover on her breast to inflict mental trauma on me in connivance with her lover .Again she absconded recently in October 2017 probably with a new man in her life during her trip to her cousins place in Baroda. I am fed up and want to divorce for adultery & mental Cruelty . I have put economic sanctions on her . Can I stop paying for her medicines as per Indian law . Currently she working in a School and is earning . She is estranged and do I have to provide her for food, shelter and medicines as per Indian laws.

Advocate Rajeshwari Rajendra Bhosale answered
Yes you can file divorce petition on both grounds. Adultery and cruelty . For filing on adultery ground you need sufficient evidence against your wife and her boyfriend. So if you fully confirmed that you have sufficient evidence then you may file on adultery ground or file on cruelty ground..

Q: Wife forcing to sign the mutual divorce agreement

Wife is forcing me sign divorce of mutual consent,m not willing for divorce,she is qualified MBA but currently not working..she is claiming alimony and forcing me to accept her terms . I am in despair.Kindly help..I don't wish to pay alimony as I don't want the divorcee to and stress is not allowing me to work

Advocate Rajeshwari Rajendra Bhosale answered
No one of the spouse can compel to sign for mutual consent divorce. While hearing of the said mutual consent divorce petition you can inform the court that your consent has been taken wife forcibly. so the court will dismiss the divorce petition. As per the conditions of mutual consent divorce both the spouses has to give their consent at own free will.