Advocate Ashima Mandla

Questions Answered by Advocate Ashima Mandla

Q: How to end marriage done it temple which is not registered legally

Hi, Me and My Girlfriend are in relationship from last 7-8 Years. We also get married in Mandir but marriage is not registered so far. Can you please tell what is the legal formalities i should follow.

Advocate Ashima Mandla answered
Hi,As per Indian laws, registration of marriage is not mandatory and non-registration of marriage does not ipso-facto make the marriage void. Hence, you have the option of judicial separation or divorce with or without mutual consent.Thanks.

Q: How to file claim for jaypee unit in budh circuit studios in NCLT

I, Col Sandip Chatterjee, have booked one Unit in Budh Circuit Studios Phase 1, in 2013 and made 30 % payment of total cost. Delivery was scheduled in 2017. However the construction has stopped for three years now,. On interacting personally with site office persons and also Noida office no one is able to provide any convincing reply and the fate of the project is hanging, involving hard earned money of many people like me. I request your advice on the subject and guidance on the filing of claim

Advocate Ashima Mandla answered
Kindly share the agreement entered between you and the client . Unfortunately, no advice can be given on this matter without having knowledge about the clauses involved .Kindly share the said document.Thanks .

Q: How can I contest a divorce from India that is filled in Australia

Hi , My husband resides in Australia since 3 years. We got married last year in India and due to visa processing time I was unable to go to Australia. I briefly stayed there but had to return. Now my husband has sent me the divorce papers citing that we didnt stay together since 1 year and our marriage has broken down irretrievably. from what i understand is that if I have to contest this divorce I have to go to Australia and can not do it from here. Is there anyway I could contest my divorce from India. I read it somewhere that if I contest a divorce here, he cant get a divorce decree in Australia and he will also have to contest it. How can the Indian court/ law help me in this case. From what I feel is that if he gets a decree in Australia he will get married there itself and probably would never come back. I am look for some options and suggestion so that he does not get the divorce decree in Australia. thanks in advance

Advocate Ashima Mandla answered
If the marriage solemnised in India or if your husband files for divorce , in both cases the jurisdiction lies in India under S.19 of the Hindu Marriage Act. If you wish to file for a divorce , you can do so. The other option available is filing for a decree for restoration of conjugal rights, which is a court mandated order for your husband to resume his matrimonial ties with you, unless he is able to prove that the marriage has broken down.

Q: Is the aggieved person entitled for damages after the case is closed

A decree was issued by Delhi high court in an out of court property settlement matter where the first appeal was pending. As the settlement was done after 30 years. Is the aggieved person entitled for damages after the case is closed. What are the consequences of not abiding the decree?

Advocate Ashima Mandla answered
Entitlement of damages is a question which has to be decided by the court . As far as non-compliance with the decree is concerned, you can move the court for attachment of property in breach of the same . Thanks .

Q: Can any matter of RCR get settled out of the court

Hi My wife and me are living separately from the past five months and one day one of their relative is asking for out of court settlement and does not want to involve court. He is saying lets talk and sort out this matter. What does that mean? Does my wife wants to comeback or something else?

Advocate Ashima Mandla answered
By law, you can only get divorced with a decree from the court . You have the option of seeking restoration of conjugal rights with your spouse from the court . As far as her intentions are concerned, they will be clear only once you take a meeting. If however, you both wish to seperate, you can apply for divorce by mutual consent .Thanks .