Advocate Abhishek Narayana

Questions Answered by Advocate Abhishek Narayana

Q: How to protect ourselves from 498a and MC

Sir, my wife filed cases 498a in 2016 November and MC in 2017,how much time to take those cases to dismiss? She has done her BEd course.and earning herself, but I have no proofs to proove and I only have college address where she had completed her BEd, please give me suggestions to protect from that two cases.

Advocate Abhishek Narayana answered
Hello. As per your narration. Once you establish that your wife is earning and well educated there will be no Maintenance case. However as you said that you have no proofs to justify. You can file RTI and get her educational documents from University and you ask ask court to direct her to file her bank acc statement as salary is deposited in bank account only.

Q: Rcr filed by husband and deny take wife .mis use of rcr . Not allowing

Rcr filed by husband but not attending court only his lawyer is appearing and . I went to court 3 times of calling date with out lawyer .I didn't submited written statement yet next calling date is after 15 days my 120 days period of filling written statement will complete on Jun 25 . Will court pass exparti to husband if I don't file written statement .Mis use of rcr.when I went to in law house they are not allowing.husband brother is lawyer.I want to go to in law's house is there any way to dispose the case. Without hiring a lawyer as I am ready to go.i don't want to drag case .

Advocate Abhishek Narayana answered
Hello basing on your narration. You can supposed to file your counter. In your case that you arr actually agreeing to join back while agreeing in court also you can file an application seeking police protection to enter the house.

Q: Owner asking additional money during the time of regitration

I paid an advance of 14 lakhs for a property with a sale consideration of Rs 64,00,000/-. In the agreement of sale, it was noted that the registration should be completed within 60 days from the date of agreement of sale. Since the owner stays in US, he delayed the documents of SPA( special power of attorney) siting COVID lock down restrictions. Now since the time has passed the 60 day window period, he is demanding to pay extra 10,00,000/- as revised price of the land.

Advocate Abhishek Narayana answered
As per your narration. Seller is at complete fault. Having said that you can actually obtain injunction from court directing him to register the property on your name. However you need to pay stamp duty on the price which is mentioned on agreement of sale.

Q: We both wife & husband want to go for divorce ,I need to know the fee

For mutual divorce case what are the things mandatory and how much money I have to spend to complete the process.

Advocate Abhishek Narayana answered
As per the law the mandatory waiting period post filing the case is 6 months. You need to submit your marriage registration certificate if you have. Wedding invitations from both the sides. Wedding photos. Identification documents residence proof. Professional fees shall be 25 thousand.

Q: Marriage validation without taking divorce from 1st wife

My husband was married in Apr 2008 and his 1st wife left him 2011 and was not legally divorced to his first wife; I had to marry him in Apr 2012 as he stopped my wedding with other person and created complicated situations to my family. He has not changed in last 8 years and living on my earnings. If I have to come out of this marriage, should I go for divorce; our marriage is really valid? Pls advise.

Advocate Abhishek Narayana answered
Hello. On the first note, Your marriage is not legal as your husband was not eligible to marry again. Any hindu cannot have two wives at one time, he is supposed to divorce the first wife and then he could have marry you. Without divorcing first wife second marriage is null and void.