Advocate Abhijeet S.K

Questions Answered by Advocate Abhijeet S.K

Q: Usually how long it takes for divorce if husband files Petition first?

usually how long it takes for divorce if husband files divorce petition first? what are the pros and cons ? In my case wife has called for 1st councelling after filing 498A section, we attended, she asked second councelling again and she didnt come and we didnt go as well. Now, FIR is pending and not processed yet. How can i quash this as FIR not lodged yet? i m planning to file divorce petition first (based on compatibility issues, cruality) and fight for divorce. please advice is it a right move and provide suggestion.

Advocate Abhijeet S.K answered
Generally it will take 1-2 year for divorce, the consequences are ego clashes that why you approached the court first ! Before registration of an FIR the police will try to assess what went wrong and also if the veracity of the allegations are grave then they will register an FIR! IN order to seek quashing of the FIR one has to see the genuiness of the complaint and it's allegations! in order to give u the best suggestion, need to discuss in detail!

Q: Wife filed 498A section against me and family..................,.,....

Wife filed 498A section against me and family, 1st councelling attended and next councelling she has not come, FIR is pending. I am thinking to file a divorce petition since she is keeping quiet and I don't want to continue this relationship as she tortured my 2 years of life and my family. Please provide suggestion for the move?

Advocate Abhijeet S.K answered
Take a concious decision! First go for quashing of the FIR before high court if there are sufficient grounds and in addition to that you issue a legal notice calling upon her for divorce and file a divorce petition ! It's is advised to apprise full facts to give u best advice and visit office!

Q: P1-Owner > P2-GPA Holder > P3- GPA holder Registered Me(1996).

P2-GPA holder sold(registered) me-P3 property in 1996. P1-Owner is no more now, but P1 has 5 daughter's. Do they have any rights on the property? All 5 daughter's have signed a notary stating "they will not make any dispute further " in 2006. I am having got registered from GPA holder. Please suggest, whether the 5 daughter's and there children's have any rights on the property.

Advocate Abhijeet S.K answered
you have to apprise the proper facts in order to give u the best advice! from the above its quite difficult to suggest! you have to apprise the proper facts in order to give u the best advice! from the above its quite difficult to suggest!

Q: Ancestral property rights for his grandchildren if patriation not done

The ancestor property was not equally divided to my Grandfather level, I am not sure even any oral partition done that time. Both My grand father & my father were not alive now. Now, Shall grandson have a rights to challenge and file civil suit to claim equal share which was not done properly during his grand father duration?

Advocate Abhijeet S.K answered
Need to apprise proper facts in order to give you the best advise! If partition has not taken place u can send a legal notice calling upon the family members to partition the properties!! Need to apprise proper facts in order to give you the best advise! If partition has not taken place u can send a legal notice calling upon the family members to partition the properties!!

Q: Forcing to give Divorce for the property issues in the family

Dear Madam/ Sir, I got arranged marriage on June 20, 2018. My father had spoken everything that he is having good status & assets to lead a life. By seeing our home they agreed to fix the marriage. But i never promised that i have asset in my name. But she asked me before that you are a engineer & have a less salary. But i told her we have our house which we get the rent, if any shortage means we can use it. Before our engagement, I have asked her about that is she ready to get marry me..? Because I didn't want a forceful marriage. As her agree we had a Baby girl on 07.08.2019. But from the date of marriage she is telling I didn't like you & you and your family is not good, so i need a divorce to stay happily. She is telling that i can't lead a life with you by seeing your face. in the 2 years of married life we stayed for only 5 Months. Even today she called me & forcing to give the mutual divorce. Please suggest me what to do.

Advocate Abhijeet S.K answered
if you don't like to go for divorce, then you can issue a legal notice for restitution of conjugal rights and then file a case for restitution! if you don't like to go for divorce, then you can issue a legal notice for restitution of conjugal rights and then file a case for restitution!