Advocate Dhalapathy Vignesh Kumar

Questions Answered by Advocate Dhalapathy Vignesh Kumar

Q: What is writ of habeas corpus and how it will be executed in the court

Me and my husband not divorced.i came to my mother home after a dispute with my husband.i have hired a lawyer to get the custody of my child.He filed the writ of habeas corpus. I have a doubt on how the case will be executed? Who are the persons will involve in this case? I am mother of 4 and half year girl and 2 year old boy. They are now with his father. Please help me and clarify me. I am afraid now to face the court and all.

Advocate Dhalapathy Vignesh Kumar answered
Habeas Corpus in English means' produce the body'. By filing habeas corpus your husband cannot get custody of your child, all you have to do is appear before Court and inform the court that the children are with you

Q: Property and child custody on Divorce

I have been married for 10 years and stayed in abroad now. Last few years we have lot of personal problems, domestic violence so decided to return back to India soon with my 6 year old son. My question are below on divorce1. Will I get my child custody ? 2 We have 2 property in India on both of us name -Will I get a share on this? 3. We have 2 property on my spouse name in abroad with tittle name on both of us (EMI has been paid from JOINT account)- Am I eligible for this share?4. Both of us are working for last 10 years in abroad and have joint account and my spouse now have transfer all the money to his individual bank account - How can I get my half share on this ? 4. We have a business in aboard on partnership for last 3 years on my name and other partner name, my spouse is taking care of this business part time and the money goes to his individual account ( business startup money is taken from joint account and my acct) - how to get share on this 5 ) what are document is needed

Advocate Dhalapathy Vignesh Kumar answered
Hi, before answering your question, you have not revealed whether you are the wife or husband. Let's consider you are the wife, 1.You will get the custody of your child, 2. You have right in all the properties purchased by you and your husband jointly, you can sue your husband for recovery of money also. You are entitled for a share in partnership firm

Q: birth certificate for my adopted child

Hi, this is with regards to getting birth certificate for my adopted child..my location chennai and child birth place is Madurai. both child mother and father passed away. I have got all the formalities done.. currently looking help to get birth certificate.. plz help if this can be done in Chennai

Advocate Dhalapathy Vignesh Kumar answered
Only the concerned corporation /municipality where your adopted child has born will issue birth certificate, so you must apply for birth certificate only in madurai or you can also apply it online. So you can't apply it in chennai

Q: My wife left my house after a quarrel with my pare

Can i send legal notice to my wife asking her to come live with me Or give me a divorce ?It has been 3 months since our marriage and she is refusing sex with me.I have asked her if we can go visit a doctor, but she refuses.She never has conversations with me and when i try to talk to her, she is blaming me for many things. In this 3 months we had may be 1 or 2 days of good conversations.She doesnt like when i cuddle with her in bed.She refuses to go out with me anywhere. If i ask her to go out with me, again she finds fault with me.She is simply staying in my home like a temporary roommate.She is extremely rude and arrogant about everything.Living with her for these 3 months has been torture with her bad mouthing.I told all these things to my parents. And my parents questioned her as to why she was living in our home if she doesnt like me. In the ensuing quarrel she left home with all the jewels to her home. Now there is no information from the bride side. People who were in t

Advocate Dhalapathy Vignesh Kumar answered
You can send a notice in your name asking her either to come live with you or for a divorce(option is yours). Even after notice, if there is no proper response, you file a case for divorce or for restitution

Q: Non consummated marriage of 2.5 years

I did arranged marriage at age 31 in 2016. My husband was 32, is impotent from day 1 of marriage. After many requests he went to doctors but was not serious and did not follow up with them. But since I had fallen in love with him I kept waiting thinking things will change. Emotionally also he is very closed up. Likes to hide his messages to other girls, emails, laptop etc. He has said many lies before marriage like he knows how drive, which he doesn't and he has enough savings to allow him to quit job to study, which he didn't and I had to support him financially for about a year. Now without any information to me after a fight over him hiding a girl's messages he has gone to stay with his parents without informing me anything. This is like mental cruelty. He made no contacts, only I kept calling him , went to meet him with my family. But it resulted in a fight. I want 22 lakhs plus gold that I spent on the wedding back, can I get it? Now we both are 34, and I have lost my fertile year

Advocate Dhalapathy Vignesh Kumar answered
Hi, from the query raised by you I understand that you want divorce and the money spent by you. You can very well get both from him. If you can prove that he is impotent, you have solid case and you must also prove the expenses made by you towards him, by doing that we can get back your money.