Advocate Bhagwan Kaduba Gaikwad

Questions Answered by Advocate Bhagwan Kaduba Gaikwad

Q: Next step in criminal court if mediation fails

We have filed for domestic violence case, our lawyer has submitted for Mediation Plea since Respondents were not willing to settle. What is the next step in criminal court if mediation fails?

Advocate Bhagwan Kaduba Gaikwad answered
The next step is file say for temporary alimony application then it will be argued by both the party and argument satisfied the court will pass an appropriate order then it will be posted for evidence but if you want to demand some documents or anything else from your hubby then you should make such applications

Q: Is annulment possible or mutual divorce better option in situation

I have been married for 7 months. The marriage itself happened under tremendous mental pressure from my family and I had made this clear to my wife before engagement. Still we both went ahead with it, with me giving in to family pressure and her thinking that things would get better down the road. After 7 months it is still not going well. Also, we haven't consummated our marriage till date. We haven't even obtained a marriage certificate. In such a case, is annulment possible or mutual divorce a better option? Please advise on how to proceed what what should be our initial steps. Few notable points: 1. She was working before marriage and quit her job voluntarily. 2. I had also communicated to her that my business is still in its baby steps and I do not have a stable income. 3. I myself do not own any properties.

Advocate Bhagwan Kaduba Gaikwad answered
In India there are personal marriage laws. Hindu, special, Christian, Arya marriage Act etc The process for getting divorce is also different as per respective laws.For your query I assume that you are Hindu.First of all sec 14 of HM Act does not allow to present petition of divorce within one year of marriage.That, voidable marriage can be annulled but it must fulfill requirement of sec 12 of HM Act. The consumption of marriage is not happen due to impotence of the respondent. Or if it is not fulfilling conditions in accordance with sec 5 of HM Act.I think that according to your story you haven't fulfill one of above mentioned condition So my opinion is that you must go for mutual consent divorce ...for further procedure call me

Q: Clarification regarding grant of maintenance by the court

Married in May 2013. My wife is M. A. (History) with knowledge of English, Marathi typing also has knowledge of Short hand. Wife is working in office of Labour Law Practitioner with salary of Rs. 9,000. I am Govt employee with net salary 20,000. I am planning to take car loan to reduce maintenance, will this work or create more problem? No order is passed yet for maintenance. Please help

Advocate Bhagwan Kaduba Gaikwad answered
Hello, first of all you have not share the details of your case eg. When it started?, what is the stage of case?, Whether have you filed your say/was?and what is next stage in your case.If you provide all these information then It will better to guide you.What I understand from your query is you want to take loan to show the court your liabilities and you are not in position to provide maintenance to your wife.If you will prove documentary that she has sufficient means of income then court will consider this at the time of granting her maintenance. For further information call me