Advocate E. A. Ashwin Datha

Questions Answered by Advocate E. A. Ashwin Datha (25+ answers)

Q: About my marriage and need clarification

ಹಾಯ್ Sir ನನ್ನ ಹೆಸರು ಪ್ರವೀಣ್ ನಾನು ಮತ್ತು ನಮ್ಮ ರಿಲೇಟಿವ್ ಹುಡುಗಿ ಮಾಡುವೆ ಆಗಬೇಕು ಅಂತಾ ಅಂದುಕೊಂಡಿದ್ದೇವೆ. ಈಗ ಸಮಸ್ಯೆ ಏನು ಆಗಿದೆ ಅಂದರೆ ನಮ್ಮ ಅಜ್ಜನಿಗೆ ಇಬ್ಬರು ಹೆಂಡತಿಯರು ಅಂದರೆ ನಮ್ಮ ಅಮ್ಮನ ಅಪ್ಪ ನಮ್ಮ ಅಜ್ಜ ನಾನು ಪ್ರೀತಿ ಮಾಡುವ ಹುಡುಗಿ ಮೊದಲನೇ ಹೆಂಡತಿಯ ಮಗಳ ಮಗನ ಮಗಳು ನಾವು ಮದುವೆ ಆಗಬಹುದಾ ಮತ್ತು ನಮ್ಮ ಸಂಬಂಧ ಹೇಗೆ ಆಗುತ್ತದೆ ನಾನು ಅಜ್ಜನ ಮೊಮ್ಮಗ ಅವಳು ಅಜ್ಜನ ಮೊದಲನೇ ಹೆಂಡತಿಯ ಮರಿಮಗಳು

Advocate E. A. Ashwin Datha answered
Hey, hope you are doing well.Based on the relationship you’ve described, both of you are descendants of the same grandfather (even though through different wives), which would generally make you fall within the prohibited degrees of relationship under personal law; however, the permissibility of such a marriage depends on the customs governing your community, as certain customs permit marriages between specific relatives, so it would be advisable to verify whether such a custom applies to your family/community before proceeding.

Q: Need help filing divorce. I'm a male facing mental abuse from wife

Need help filing divorce. I'm a male facing mental abuse from wife. She threatens to file dowry and harassment case against me with police

Advocate E. A. Ashwin Datha answered
Hey, hope you are doing well. Based on what you’ve shared, threats of filing false dowry or harassment cases and continued mental pressure can amount to mental cruelty under law, and you may consider initiating divorce proceedings on that ground; at the same time, ensure you preserve all communications and evidence of such threats, avoid any confrontational exchanges, and be prepared to take immediate legal steps including anticipatory bail in case any complaint is filed.

Q: NEED GUIDANCE REGARDING ARREARS IN INTERIM MAINTAINENCE ORDER

MY FILED HAS FILED REVISION IN HIGH COURT ON INTERIM MAINTAINENCE. AND I ALSO HAVE FILED FOR REVISION. IS IT NECESSARY TO FILE A STAY APPLICATION IN REVISION PETITION AND IS THERE ANY PROVISION TO DEPOSIT THE ARREARS IN LOWER COURT TILL THE DISPOSAL OF THE REVISION IN HC. NEED GUIDANCE IN THIS MATTER.

Advocate E. A. Ashwin Datha answered
In a revision petition before the High Court challenging an order of interim maintenance, it is generally advisable to file a separate stay application seeking suspension of the operation of the impugned order, otherwise the order of the lower court continues to remain executable. The High Court may, depending on the facts, grant stay subject to certain conditions such as deposit of part or full arrears. There is no uniform statutory provision mandating deposit, but courts often direct deposit to balance the interests of both parties. Sometimes litigants also deposit the amount before the trial court or offer to deposit before the High Court to show bona fides while seeking stay. The exact strategy usually depends on the facts, the amount involved, and the stage of the proceedings. It would be important to examine the order and pleadings before deciding the best course in revision.

Q: New Amendment in Section 22 C of registration act in Karnataka

Recent amendment in Section 22C of registration act gives Power to District Registrar and IGR to cancel registration of fraud sale deed which is less than 3 years old. Can I file an application with the District registrar to cancel sale deed which was registered in 2023.

Advocate E. A. Ashwin Datha answered
From the facts mentioned, even though the recent amendment to Section 22C of the Registration Act, 1908 allows the District Registrar to cancel certain fraudulent registrations within three years, that remedy is usually limited and summary in nature. In many property disputes, Registrars tend to avoid deciding complicated questions relating to title or validity of the transaction. In such situations, the safer and more effective course is often to file a declaration and cancellation suit under Section 34 of the Specific Relief Act, 1963 before the competent civil court, seeking a declaration that the sale deed is null and void and not binding on you. The civil court has full powers to examine evidence, determine fraud, and grant consequential reliefs such as injunction. With the right pleadings and documents, courts frequently grant relief in genuine fraud cases. It would be important to review the documents and facts carefully before deciding the exact legal strategy.

Q: Case filed under section 12(1)(a)and under section 144

My wife deserted me just 5months after marriage without any reasonable cause and now filed case saying that I am impotent (without any proof) i have my medical reports which proves i am not impotent. I have section 9 rcr against her. She has filed case8 under section BNS 144. How can I win this case

Advocate E. A. Ashwin Datha answered
From the facts you have mentioned, a false allegation of impotency without medical proof generally does not sustain in court, especially when you already possess medical reports to the contrary. Your Restitution of Conjugal Rights Petition under Section 9 of the Hindu Marriage Act also indicates your intention to continue the marriage, which courts do consider. In many such cases, the burden lies on the person making the allegation to substantiate it with credible evidence. The case filed under Section 144 of the Bharatiya Nyaya Sanhita would depend on the specific allegations and evidence placed before the court. Proper presentation of medical records and cross-examination of the allegations usually becomes crucial in such disputes. Each case depends on its facts and its impossible to predict a specific outcome.