Advocate S. Sethu Mahendran

Questions Answered by Advocate S. Sethu Mahendran

Q: Can I marry a boy who is already married without he taking divorce

Hi, i am --- me n my bf are friends for 2-3yrs in between he had to get marry with other girl due to some family pressure n urgency but he has not shared any physical relation with that girl n v r still in relatioship, now we want to take this relation one step ahead, i am pregnant n we want to get married but the problem is his wife is not ready to leave him even then she knows that he dont love her so plz advice us what do should we do? Would we be able to live together without any hinderence? Plz advice us .........will be your great help!!

Advocate S. Sethu Mahendran answered
Without getting divorce from his lawfully married wife he can't marry you. Because the first marriage is still in existence and if the first wife knows about it she can file a complaint against this man for bigamy which is a criminal offence. So better get divorce from the first wife. But what he had done is exploitation. He has exploited you and cheated the first wife. Further the still born baby will be in trouble.

Q: Procedure to transfer of divorce case to a different state.

I am from Bangalore and have a 7 yr old kid.My husband had filed Conjugal rights in Hyderabad.Judge passed the order to stay with him. Although i am staying in my matrimonial home which is in bangalore, my husband has now filed for Divorce in the same court in Hyderabad and I do not want to take a divorce.My question is can I transfer Divorce case to Bangalore from Hyderabad court? I have a child and its real difficult for me to go all the way to Hyderabad. Some say because conjugal rights case was settled in Hyderabad Court so I cannot apply for Transfer to Bangalore. Is it true? Can someone please clarify.

Advocate S. Sethu Mahendran answered
You can very well file for Transfer Petition before the Hon'ble Supreme court. There is no barrier if the Conjugal Rights Petition was settled before a court at Hyderabad. Based on your present place of residence and your inability to travel you can approach the Supreme court.

Q: what is the procedure to follow when a person is marked ex-parte

i live in Pune, i cant attend the first date of hearing of DV case in Delhi, i plan to attend the next date, also no lawyer is presenting the case as of now. 1] what is the procedure to follow for absent from the court 2] if i am absent on the first date what negative can happen

Advocate S. Sethu Mahendran answered
Immediately you have to contact a lawyer in Delhi so as to know what happened on the last date of hearing in your DV case. Most of the time on the first occasion the court might have simply adjourned the matter and a date might have been given if you don't appear for the first time. But rarely it is not uncommon if the court proceeded the cade ex-parte i.e in your absense. If that happened then you have to move an application to set aside that order and make your submissions through a lawyer.

Q: Need information regarding divorce rules

Please tell me does divorce rules change after marriage is of 7 years?i m being harrassed and mentally tortured but waiting for the right time and also that my kid's session ends.but then it will cover 7 years of marriage.u know my in laws are too cruel.they will never allow me to take my kid and my istridhan.please guide me.kindly answer through message or email.

Advocate S. Sethu Mahendran answered
In any matrimonial dispute if the couple are not staying together for more than 7 years then it is a valid ground for divorce since marriage has broken down irretrievably. But in your case there is a mental harassment and that itself is a ground for divorce. so you can file for Divorce under these grounds if you are seeking divorce. If your inlaws are treating you badly and not returning your sridhan then you will have to make complaint under Dowry Harassment Act and Domestic Violence Act as well. As far as the child is minor then you can file a case before the concerned court since in Indian laws mother is the natural guardian of a minor child.

Q: How much is the maternity leave at the MCD hospital

I am working as staff nurse in MCD hospital.maternity leave for contract employees how much days.

Advocate S. Sethu Mahendran answered
As per the maternity benefit ( Amendment) Act, 2016 all women are entitled for a period of 182 days i.e 6 months as maternity leave for their first two children. So even if you are working on contract basis you have a right of availing 6 months as maternity leave.