Advocate C V Tiwari

Questions Answered by Advocate C V Tiwari (25+ answers)

Q: Process& Procedure for divorce by mutual consent

I am staying separate from spouse for 4months and have been married for 3 yrs , we do not gel well despite multiple reconciliation and hence want to file divorcenWhat shall be the process and procedure for the same?nI am a female can i get legal aid for free?nAlso we couldn't make marriage certificate due to corona.Is there anything else that i would need to know & understand nPlease help !!!nThank you for your support and assistance

Advocate C V Tiwari answered
u can file a mutual divorce petition if you and spouse both are ready to give divorce mutually. yes you can get the free Legal Aid if you approach to NGO, NGO will help you and may give you the free legal aid.marriage Certificate is one of the document but not mandatory for filling the divorce petition. Invitation or pic is sufficien.

Q: I am stuck in the case of fraud IPC 420.

I sold my plot to my cousin by notary in 2020 and later one of my villager forced me to sale the same plot to him.He has given me the threat to do so and I sold this plot to him under pressurized condition by legal registery. Now they giving me the notice. What can I do in this case please guide me.

Advocate C V Tiwari answered
Notary sale will not be considered valid, because any immovable property sale deed should be registered and proper stamp duty need to be paid. in your case registered agreememt will be considered and will be high weighted over the notary. however,1- if consideration amount has not been paid as mentioned in sale Deed/agreement for Sale then you may cancel or revoke the sales deed. 2- if you are able to prove that the agreement was register by coercion, then cancel the deed.

Q: I would want to File for a Divorce with my wife

I need consultation and would want to file for a divorce. It is not going to be Mutual. I want it but my wife is not ready for it.

Advocate C V Tiwari answered
Under sub-clause (1) of section 13 of the Act, There are available 9 fault ground on which divorce can be taken. such as *1-Desertion* - If one of the spouses voluntarily abandons his/her partner for at least a period of two years,*2-Adultery* -The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed adultery.*3-Cruelty* - A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health.*4-Venereal disease* - If one of the spouses is suffering from a serious disease that is easily communicable.*5-Leprosy* - In case of a ‘virulent and incurable’ form of leprosy.*6-insanity* - Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.*7-Conversion* -In case either of the two converts himself/herself into another religion*8-Renunciation* – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.*9-Not Heard Alive* – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead.