Advocate Aditya Kamath

Questions Answered by Advocate Aditya Kamath

Q: how to remove stay order on property

Hi, there has been a stay order on our construction from the high court. Can anyone suggest me, how to vacate stay order in high court?

Advocate Aditya Kamath answered
You need to go to a lawyer with the entire facts of the case, including a copy of the stay and the petition under which it was granted. If reasonable grounds can be made out as to why the stay should be vacated, it can be done.

Q: Is it possible to register company name without any physical address

We need to register the company name of our business . For company registration , we dont have any physical address to register for it . 1. Is it possible to register without physical address 2. If no , is it possible to register with the temporary address so that we may be moving the address in the future . Can you please answer with the above questions so that we can proceed with your registration if ur query suits our needs .

Advocate Aditya Kamath answered
You cannot register a company without a registered office address. If you wish to change it in the future, you can do so by passing a special resolution of the shareholders and notifying the MCA .We can help you incorporate.

Q: Can I file a case of harassment and defamation in the High Court

After Divorce Ex-wife filed case of sexual abuse of their about six year old girl child against father first in KSC for protection of Child Rights on 06 May 2016 and then without waiting for judgement filed PCR before JUVENILE COURT on 10 JUNE 2016.Meanwhile KSCCRP,after inquiry from Police and assement and evaluation from N IMHANS passed order on 22 September 2016 finding the allegations totally FALSE..Petitioner till date hiding the fact before trial Court thus case is under investigation. I want to know the expenditure to be occur for filing Criminal Writ in High Court,Karnataka for Quashing the case as well harassment,mental torture,Defamation in Society and direction not to file case for the same cause in Karnataka State.

Advocate Aditya Kamath answered
Your case is sensitive and needs to be dealt with after proper examination of facts. The PCR is not a court. Under JJ Act, the implications are far more far reaching. Quashing may not be possible at this stage.

Q: Separate divorce cases filed by both husband and wife what can be done

First wife leaves husbands house,husband tries to bring her back,she refuses to return,files false dv,husband files divorce on cruelty grounds,wife also files for divorce in her jurisdictions,how to handle such situation.

Advocate Aditya Kamath answered
This is the perfect scenario for mediation. Since both parties want a divorce, it can easily be granted by either court. Both courts must be made aware that parallel proceedings are going on. Ideally the petition filed later ought to be stayed.

Q: Can I get divorce on grounds of domestic violence and adultery

Hi, My husband has an affair and I got to know about it. From then he has been very rude and as he is alcoholic he used to end up fighting for this issue and also hitting me, I have a 2 year old son and my husband doesnt care about him at all, He had been working in dubai for 1 year and came back in January. I work and take care of my finances of loans and Car EMI. He has not been helping me financially though he was working abroad. Now there was a similar fight and my brother and father came to question him as he was drunk and hitting me. He got into a fight with them and left home. From then he has been living in his relatives house. I had given a written statement to the local police station, they fail to file an FIR. Now he has given a complaint against me in the same police station. His sister is a big problem causer and she posions his mind now he says he will take it legally and threatens me that we will make sure I will suffer and not get any money from him as he has influence

Advocate Aditya Kamath answered
From what you have stated, you have sufficient ground to seek relief of maintenance, protection and divorce under the domestic violence act and the Hindu Marriage Act (presuming both of you are Hindus) you will also need to file a case for custody.