Advocate Suchit Palande

Questions Answered by Advocate Suchit Palande

Q: Can lok adalat instruct my wife for gender test and test of fertility

Dear Sirs, Requesting you to help me on this. I have pushed my matrimonial dispute by filling RCR in Court and in first hearing girl side asks for time to think & we over ruled that by asking for mediation. Now let me know, I can tell the 100% of cruelties she has done to me? She is like a transgender with no feelings and her father behaves like an idiot sits and sleeps near to her, he knows things of his daughter’s A –Z but she married me and living for her father who doesn’t know the limits of girl and father marriage and her mom tries for me to physical closet with me. Can i ask the lok adalat team for instructing the girl for gender test and whether she has ability to give birth to child? She lived with me from 23.02.2018 – 10.11.2018 and absconded from the matrimonial home. Please advise me in getting true justice. She is not interested to rejoin but simply asks for separate living from my aged parents. If i move for divorce they demand 15 lakhs + 10000/month. please help me.

Advocate Suchit Palande answered
You have already filed for RCR. That is a good step to escape from the police action. Now the case is pending before Mediation. You can tell everything to the Mediator and discuss all your problems. How do you say that your wife is a transgender? You say that your wife is having physical relationship with her father. If your wife is a transgender, how will she have a relationship with her father? Did you have any sex with your wife? You can file for divorce. There is no compulsion that you have to give Rs.15 lakhs + 10000 per month. If you need any further advice/assistance, kindly contact me.

Q: Procedure of Inter Religion Register Marriage

I am christian and my boy friend is Hindu Brahmin. We have 7 years age different.I am 7 years elder than my boy friend.We would like to get marry.My family is ok for Register Marriage but My Boy friend side,not ok for inter religion marriage.Can u please help me to know about the Register Marriage procedure.Is there any problem in Age difference?

Advocate Suchit Palande answered
There is no problem for difference in age. It is not a legal bar. You can get married under Special marriage Act without changing each others religion. For that you will have to give 30 days notice in the relevant Registrar Office. But if you are in a hurry to complete the marriage and if the parties are willing to convert to Christianity, then the marriage can be done under the Christian Act. In case of any assistance for getting the marriage registered, kindly contact me.

Q: Clarification regarding divorce and 2nd marriage

My boyfriend got married already without his interst with family compelsion, now he want to divorce that want to me??I am also intersted on him ??Now his wife is not accepted for divorce, forcibly staying with him. I need to marry him. What is the legal remedy ??

Advocate Suchit Palande answered
Your boyfriend has to get divorce and only then you can marry him. Without getting divorce you cannot marry him. If his wife is not willing for divorce then he has to create such situations so that his wife will be compelled to agree for divorce. If you need any further advice kindly contact me.

Q: Legal action to be taken if wife is not willing to come back home

Hi, I m from chennai. I just got married on 2018 julyt 1st. we were together not even for complete 15 days. later she went to her house for aadi month(as per tamil ritual couple will be seperated for a moth), now from their home they are saying she is not willing to come back, as she got tortured. she cries like any thing was the statement said by their homemates.Infact to say she got fainted more than 5 to 6 times in bed during intercourse, so i didnt try anything so far. so far nothig happened, she is still a virgin. i kept my patience stil alive. she is not willing for intercourse it seems, for which she is trying to avoid by balming on unhappened issues as happened, many lies. their home members believes her since she cries a lot saying TORTURE. just with her crying and and word TORTURE they want seperation now, she lags not only with the knowledge of what & who is husband but also sexual knowledge.she feels very awkward with name SEX itself. what has to be done. please advise.

Advocate Suchit Palande answered
Did you speak to her parents about the girls problem. She needs proper counselling to understand that sex is an integral part of a husband wife relationship. Once you discuss with her parents then you can approach a Doctor or a Counsellor to advice your wife. If her parents or other relatives are not cooperating then you can file a petition for restitution of conjugal rights. Petition to live together. If you need any further assistance or advice kindly contact me

Q: Whether the mother is main owner of the property after father's death

WE ARE 6 MEMBERS JAINS FAMILY... FATHER MOTHER, 2 SON AND 2 MARRIED DAUGHTER. MY FATHER DIED 10 YEARS BACK AND DID NOT MAKE ANY WILL. MY FATHER HAD A LAND PROPERTY. AM HANDLING ALL EXPENSES OF MOTHER AND FAMILY SINCE MY FATHER DEATH. I WANT TO KNOW WHETHER MY MOTHER IS MAIN OWNER OF THIS PROPERTY AFTER FATHER DEATH? CAN SHE DECIDE WHO GETS SHARE IN THIS PROPERTY? CAN DAUGHTERS CLAIM ANYTHING NOW AS THEY ARE MARRIED AND MOTHER DOES NOT WISH TO GIVE ANYTHING TO DAUGHTERS.

Advocate Suchit Palande answered
After your father's death, all the family members get a share in the property. Your mother cannot decide who can get share or not. Legally everyone has an equal share in the property. No one is the main owner of the property. All of you can jointly decide how to share the property and if all of you agree then you can do it mutually. If you need any further advice/assistance kindly contact me.