Advocate Aparna Kanampalli

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Questions Answered by Advocate Aparna Kanampalli

Q: Filing for divorce as I love someone else and been seperated for 10 ye

I live in Bangalore and my wife in Tamil Nadu We have been living away for 10 years. We have a 14 year old son. I visit them once in 5 months. Emotionally, physically there is absolutely no connection between us. I am now in love with another woman and want to marry her. My wife is not ready to give me a divorce. So the option of mutual consent seems impossible. 1) Is a contested divorce the only way? 2) Cruelty is the option I see to file a divorce petition. 3) Is loving someone else even acceptable by court as a reason for divorce?

Advocate Aparna Kanampalli answered
The only option available to you is filing a case of contested divorce. you need to explain more about your marriage as the advocate has to decide on what grounds the case has to be taken, and under what sections case has to be filed. I will always suggest clients to give your problem to the advocate, and tell them this is the result you would require. you can definitely get divorce from your wife. you need not tell the court about your love for another girl. after divorce you can marry her

Q: buying a property from NRI owner but registered with builder

Hi I am going to buy a flat in resale from an NRI owner , this owner hasn't done registration yet, hence flat is still registered in name of builder , however owner has a sale and construction agreement with the builder. Now builder is asking owner and me to sign on assignment agreement which will transfer the ownership of this flat to me in builders records and then builder will help me with registration after that. Now since owner is NRI he can't visit india to sign so we have two options He signs via power of attorney to his friend or builder couriers him the document abroad he signs and then returns it back , which one of this is preferable or more legal ? asking since I have heard that supreme count in 2011 banned power of attorney use in case of immovable property Thanks for your help

Advocate Aparna Kanampalli answered
it's always better get a GPA signed And attested by The Ambassador Indian Embassy and the same GPA to be couriered to you back which can be registered with sub registrar . The friend of the NRI Seller can visit the builder along with the GPA and can sign the document of assignment on behalf of the seller to you so that the records with builder can be changed and the Builder can get the registration executed in your name and we also help you in the process of drafting GPA it is always best idea to have a person here document registered on your name actually Supreme Court han Sar old bar GPA is not valid GPS is always valid and the registration by NRI has to be done by the embassy and the same document to be couriered back to India in India the jurisdictional district Registrar will get the document register then you can ask builder to register and get your work done

Q: Wife seeking divorce and not me !

Hello sir / madam My wife is seeking for divorce and I am not willing She is working in govt and I work in pvt at abroad My questions are 1) can I apply for restitution of conjugal rights and if so what are the advantages and disadvantages of it when I win or loose ? 2) can she claim for alimony is she wins as she works in secure job ( government) 3) I was away from family from last 1 year due to job and corona , does this can be considered as period of separation for issuing separation? 4) can I claim for alimony if I quit my job and comeback to india ? 5) can she eligible to claim alimony when she herself is applying for separation? 6) can whatsapp messages claiming I used to drink can be considered as a proof to support separation? 7) is it advisable to take anticipatory bail ( as I am completely unaware of her move now ) 8) in order to avoid paying hefty amount is it advisable to transfer all my money to parents ? Or what will be the best way to avoid hefty payment?

Advocate Aparna Kanampalli answered
My dear sir 1. you can apply for restitution of conjugal rights petition. 2. She cannot claim alimony from you. 3. yes the period of you working abroad can be considered as separation period 4. you can claim for alimony, but the alimony granted by the court will be too less, and the probability of ordering alimony to husband is very less. 5. she can claim for alimony, but court will not grant her alimony. 6. yes whatsapp messages can be considered as part of evidence 7. Anticipatory bail will be granted only in case you have a threat of arrest. 8. Don't worry you will not end up paying hefty money to her. 9. you only have to fight the case filed by her. first of all you need tell how many years you are married. Do you want to live with her or not? Then I can advise you on a solution.

Q: Husband has left me and not disclosing his location.

I have been married for 3yr. Since, 11months month we are separated. We met once within this period and stayed together for 3days and my husband left me alone in the rented house on the 4th day. Now, neither he or in-laws are not disclosing his location. My in-laws were focussed on my salary. They want me to send half of my saving to my husband account every month and take their permission before spending my salary if I want this marriage. But after a week, they again changed their mind and said that its a love marriage and they will not help in resolving the issue. My husband does not respond to my calls and message. And whenever he call, he asks for mutual divorce saying that he has no any emotions for me. Please help me. What can I do ?

Advocate Aparna Kanampalli answered
kindly go and lodge a police complaint disclosing al the facts in the jurisdictional police station. Give evidence regarding marriage, and where and when did you meet your husband last. if you have phone recordings or any other evidence give them to police and file a missing complaint and also include theft, that they have wrongly taken away your things. they will try to trace your husband.

Q: Suicide drama , doctor not reported to police for investigation.

9 months ago when she left my house, wife has created a suicide drama by getting admission in a hospital where her BIL is a doctor.We have been staying seperated since the.I filed for divorce now, will I have to worry about that drama? Is it not mandatory for doctors to report such medico legal cases to police immediately? Can I report this to police now after 9 months?

Advocate Aparna Kanampalli answered
it was atleast your duty to inform the police on the incident and that the complaint could have been registered, was the best. but past is past forget about that. Are you living in the same city or different city is to be noted. do you have any evidence about the drama, that she was admitted on that particular date for the case of attempt to suicide. do you have evidence that your brother in law is a doctor and that he was working with that particular hospital at that point of time is to be noted. . it was definitely the duty of the doctor to inform police on this. if you have documentation proof, you can definitely file a complaint in the jurisdictional police station limits.