Advocate Beena Menon

Questions Answered by Advocate Beena Menon

Q: Can i get divorce without going to court in india ?

I want to take divorce legally but we don't want to go court. can we take divorce without going to court ?,It will be possible or not plz advice me....

Advocate Beena Menon answered
No. A legal divorce can be effected only from the concerned court of law by following the due procedures under the concerned Act as applicable depending on the person's personal law and the Family Court's Act, from the court having the competent jurisdiction.

Q: After settling the dispute, can the court summons be cancelled?

I settled the dispute with the other party under section 420, and the court was informed. Can the summons issued by the Special Chief Judicial Magistrate on May 14 be cancelled?

Advocate Beena Menon answered
Yes, the summons can be cancelled or quashed as appropriately required by law dependent on the facts of settlement and the terms and conditions determined therein between the parties. The legal procedure has to be followed for the same.

Q: college not returning original certificates asking for full fees

I have dropped out of college. My original certificates are with the college. Now when i am asking them for my documents they are asking for the complete course fees. college is not giving my original certificates What action can i take?

Advocate Beena Menon answered
The college cannot withhold your certificates. You can get an order from the appropriate court with a mandate to the college to return your certificates. It depends on the period of course attended by you before you dropped out that will determine any charges to be paid or not.

Q: Need a suggestion on my married life heading towards divorce

Hi, I wanted a legal advice as I've been married almost 3+yrs.staying seperated frm my husband almost frm a year coz of the indifference caused by his father between us. My husband is nt ready to accpt that his parents are any way causing a trouble to he wants me to come bck but I am scared to go Coz of his father I tld him if v Stay seperated then I can thnk of coming as his fathr had tortured me a lot due to wich once I had tried to commit suicide.also his fathr tuk in written frm my parents that if anythng hapns to me they wil b responsible n not his fathr n fmly on that grounds his f

Advocate Beena Menon answered
You may legally intimate your husband about your decision to terminate your marriage under the circumstances if he is unwilling to understand your trauma. I would suggest try to explain and see whether he takes things seriously enough to try to save the marriage. Ultimately if this attempt fails to save your marriage, you may both decide to jointly file petition for divorce with consent, which also failing you may file single party petition for divorce from your husband, You may contact me for further procedures.

Q: My wife moved to high court after judgement on divorce by lower court

How can I get FIR quashed filed by my wife, as she is moving to high court after judgement on divorce by lower court 

Advocate Beena Menon answered
A quashing petition will enable you to quash the FIR, of course on merits of the case and dependent on the facts and circumstances of the case. If you wife has challenged the Order of divorce from the lower court, you will have to defend the same in the High Court. You may contact me for further counselling and proceedures.