Advocate Ganesh B R

Questions Answered by Advocate Ganesh B R

Q: Marriage cancellation due to non-cosummation

I got married in Nov 2017 and got it registered in subregistrar office. As I was studying, I stayed with my parents till my course ended in March 2018. my husband was giving reasons to avoid consummation. He never used to come to my place unless I request him and his family a lot. I thought its the distance that is seperating us so once my education got over, I immediately moved to his place. He had a complete change in personality by then. He stopped talking to me and started blaming me for silly stuff. His refusal to be with me was torturing me mentally. I stayed there for 3 mnths. But he asked me to go out n get married again with no reason. It broke me completely. I came back to my parents place and it's been 4 months. From the start till now, we never had sexual intercourse. I came to conclusion to divorce him to which he will agree as well. Kindly tell me what are the legal sections and options that I have to get seperated? What documents do I need? Kindly help.

Advocate Ganesh B R answered
Mutual consent Divorce Procedure and complete guideWhat is Mutual Consent Divorce?Mutual consent divorce is a process by which martial status of a married couple comes to an end. This is one of a way to get divorce and most easiest form compared to other forms like Divorce by Desertion, cruelty, Adultery etc. This mode of divorce is normally called uncontested form of divorce and is envisaged in Section 13B(1) and 13B(2) of Hindu Marraige Act 1955. This form is commonly known as first motion and second motion divorce petition both petitions separated by 6 months period.Procedure to get Mutual Consent Divorce:Here are some of the requirements of getting divorce by mutual consentMutual consentAs the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consent.NOTE (1): Since you wedding has solemnised in the month of November 2017. You will hav to wait for one year to complete i.e. you can send a Legal Notice through Advocate in the 1st week of November 2018. NOTE (2): Find a strong ground for divore. The mutual consent divorce is decided only pertaining on a strong ground.My advise: Since you husband is neglecting for consumation and acting weird Based upon your query I feel he is impotent. If he impotent and agrees to the fact then you can proceed with the major and strong ground for mutual divorce. NOTE (3): You will have to press on maintenance. Normally husband agree on lump sum and one time payment of fixed amount in favor of wife and wife on the other hand will have to demand maintenance or alimony as well. Only when all the above issues are resolved the mutual consent divorce is possible. List of documents for mutual consent Divorce:Petition of mutual consent divorce both motions along with waiver of 6 months cooling off application in case you wish to waive off 6 months waiting period between two motions. if other spouse is in other country then power of attorney of other spouse.4-5 recent photographs to be pasted on petition and agreement.Proof of marriage which includes either Marriage card with marriage photographs or marriage registration certificate with marriage photographs.Id card with address proofNOTE (4): you must carry originals at time of court hearing.Court Hearings:-At the time of court hearing you must reach on time and all originals must be carried by you at the time of hearing. Once your matter name is called you must be ready to answer questions put up be judge.Common questions like date of marriage and separation?Consent is without any coercion or undue influence?After basic questions the couple move ahead for verification of original document and hearing is concluded once they sign on their respective statements.Conclusion of Mutual consent divorce Proceedings:After the conclusion of both first and second motion court hearings the court will prepare a decree of divorce which is a formal document of divorce and officially couples are separated by decree of divorce and process is concluded.If you need more assistance you can contact me so that I would help you draft a Legal notice. Thank youRegards-Advocate Ganesh B.R. High Court of Karnataka, Specialised in Family Cases, Bangalore.

Q: What is the total time taken in the mutual divorce process

We have applied for Mutual concent divrce, but the strange part is court has given the 1st date on 04-DEc which is 6 months from the time we applied for divorce, Lawyer said on that date councelling will be done & based on the outcome of the mediation court will grant the divorce. Will both happen on the same Day? or will there be further delays. We have been married for 12 years & living seperately for the past 2.5 years Having a kid who is 10 years old. She is a working women taking a salary of 40K Should i pay alimony to her?

Advocate Ganesh B R answered
Respected Sir,Firstly: The Court has the prower to grant 6 months as “cooling period” this means not necessarily the husband and wofe has to live under the same roof for that 6 months but a chance being given for re-solemnising the separation dilemma. Secondly: On the date of Mediation there will be separate session being held by both the parties. Since it is mutual consent your session wouldn’t take more than half an hour. Yes, both meditation as well as the Judgement of the divorce will be held on the same day. In the meanwhile the report will be sent to the Court stating ”Mediation Failed”. Later by 5:30 while the Court timing are closing the Judge calls both the parties to his cabin asking are you giving free consent to each other for seeking divorce or by any compelltion. Thirdly: There is superior ground for divorce being granted easily as you have been living separately for more than 2.5 years. Forthly: The court will decide the matter with regard to the custody of the child. As the paramount interest will stay with the kid to choose either the father or mother. Fifthly: Kindly collect all the salary slips to your wife that, she is earning 40k per month and it is sufficient for her well being and you will be free from alimony being paid to her. If you need more assistance you can contact me so that I would help you lead a amicable settlement, a strong ground to your case. Thank youRegards-Advocate Ganesh B.R. High Court of Karnataka, Specialised in Family cases, Bangalore.

Q: Applied for property EC online but two transactions are missing

I have applied for an Property EC Details online, but i got the Digitally signed EC with two transactions missing. what can be done to get the proper details

Advocate Ganesh B R answered
Respected Sir/Madam,Firstly: Make sure there are only 2 transactions which are missing. Secondly: If you are aware of the document No., or date of transaction, or details of the Schedule Property you can apply for a certified copies in the “Jurisdictional Sub-Registrar” by filling Form No.22. If you need more assistance you can contact me so that I would help you get the property deeds. Thank youRegards-Advocate Ganesh B.R. High Court of Karnataka, Bangalore.

Q: Bought refrigerator which was faulty and costed 13000 electricity bill

My two months old faulty refrigerator gave me more than thirteen thousand rupees electricity bill. Will I get the money back from the company?

Advocate Ganesh B R answered
Firstly let me explain the meaning of “Durable Goods" :mean goods which are consumed and used or disposed after serving its usefulness for a period of time, which is more than two years, like refrigerator, laptops, television sets etc.;And your faulty refrigerator is considered to be a durable good. Hence you can send a legal notice to the company and claim the electricity bill along with the legal charges. The legal notice must contain a particular clause:“Every receipt given to the consumer shall have consumer guarantees specified on it as under:-(a) that goods are of acceptable quality;(b) that goods will be reasonably fit for use;Right to free return valid till fifteen days from purchase.(c) that the goods will satisfy any extra promises made about them; (d) that there is a 'right to free return' of the goods within fifteen days of its purchase.Every consumer shall have the right to return free durable goods.”If the developer refuses or neglects the notice, the you can approach the consumer court. Submit a formal complaint under the Consumer Protection Act, 1986. You need to hire a lawyer for filing the suit. Fill this complaint form and submit it to the commission.If you need more assistance you can contact me so that I would help you draft a Legal notice. Thank youRegards-Advocate Ganesh B.R. High Court of Karnataka, Bangalore.

Q: Is it safe to buy apartment build on an inam land

I am planning to buy a flat in a apartment, but when i was checking the document i came to know its Inam Land owner got it from court order in 1961-62. Following are the statement in the court for abolition of Inams - Petitioner is registered as an occupant of the above survey number under section 5 of the Act with premium - Pertitioner has admitted that he was cultivating this extend of the s.No on Vara basis. Inamdar admits it. This survey number is entered in his name as XXX in the Index of the Land register - Hence he is registered as a tenant under section 9A of the Act This apartment have following approvals: - BDA - CC by BDA - A-khata prop - RERA - Major banks like SBI, HDFC etc list this as approved project - Sale deed made to the builders - Endorsement issued by AC stating no case pending on this land. Is it safe to buy it?

Advocate Ganesh B R answered
Respected Sir,Firstly: If you have an endorsement issued by AC court with regard to no case pending, it is very much clear that the property is free from any sort of litigation. Secondly: Irrespective of Banks providing loans or approving the loans is nothing to do with the land they issue very vaguely. Any known person by the builder in the bank. The bank will approve loan sanctions to the buyers easily. Thirdly: Even if there is any name registered in Land register, you need not worry, kindly go through the person’s family tree, conversion order from authorised authority as non-agricultural land or residential land, encumbrance certificates upto date. And finally and most important on whose name the BDA approved the land. Thank you. Regard—ADVOCATE GANESH B R HIGH COURT OF KARNATAKA.