Advocate Guru Dhananjay

Questions Answered by Advocate Guru Dhananjay

Q: Our marriage is not registered and we're also not together constantly

It's been 2yrs we got married and we were together only for 6 or 7 months but that is also not continuously 2months together then a break after that a patch up like that it was. We stayed with my in-laws and we have one kid and our marriage is a intercaste marriage, now we wanna apply for divorce, is there any possibilities to apply for divorce?

Advocate Guru Dhananjay answered
yes you may file for divorce by mutual consent of your terms are already agreed upon, or apply for divorce under any of the available grounds under the Hindu marriage act. even if the marriage is not registered, you will have to obtain a decree of the court to nullify the marriage in vogue, even more so since you have a child.

Q: Our marriage is not registered and we're also not together constantly

It's been 2yrs we got married and we were together only for 6 or 7 months but that is also not continuously 2months together then a break after that a patch up like that it was. We stayed with my in-laws and we have one kid and our marriage is a intercaste marriage, now we wanna apply for divorce, is there any possibilities to apply for divorce?

Advocate Guru Dhananjay answered
yes, you may apply for a divorce either by mutual consent or through contested method. even if marriage is not registered, the divorce will have to formally be annulled by obtaining a decree of divorce through court.

Q: Domestic violence. Physical, mental, emotional and verbal abuse

I'm 24f & my sis 22f. My dad was abusive since our childhood. There were years where I got beaten up daily. He gave me nick names like idiot, fool, etc., He threatens to kill us whenever we don't behave right from when we were kids. Now after we grew up the abuse got more verbal and mental. He slut shames us when angry. He slut shamed my sister for wearing a perfume! He used to confiscate our phones at night because I talked to my depressed friend at night. He spies on us every night. He now forces us to wake up at 6 am though there is no work to do. Last Sunday we slept till 9 am. He verbally abused and threatened to beat us up if we do it again. We should keep our rooms open till night. We're not allowed to step out of the house for anything or than visiting temple with family. We're not allowed to go out, to meet friends, shopping, etc. We're in a house arrest situation. We are suicidal now. Shall we press charges against him?

Advocate Guru Dhananjay answered
looks like your father needs some effective counselling and has trust issues with the two of you. filing a case would only worsen your situation. but, however, you may seek to approach the nearest police station if the abuse does get physical in any sort of manner, provided you have an alternate arrangements for living situation. violence against family members is covered under the prevention of women from domestic violence act and this may be used in this situation.

Q: Marriage life divorce how to get mutual divorce with each other

HinI have been married before 2.5 years. In this 2.5 years I have been lived with her around 1-1.5 years only. Mostly we two getting fight with each other, and for small fight also she will be going to her parent's home. This is repeatedly happening after child born also. I have asked her divorce also, she is refusing. But I am not satisfied with this life.

Advocate Guru Dhananjay answered
If the situation is absolutely unlivable, it would be suggestable to file for divorce on the grounds of cruelty. But, however the initiation of a divorce does come along with the associated exposure to various petitions against yourself as well. best to hold a family meeting and see if there can be some common ground workable and then file for mutual consent divorce.

Q: Pledged documents missed by bank

Hi AllNeed a legal advise, Actually my dad got house loan with SBI in 2007 against our house property and it was closed in 2013. Meanwhile I have taken education loan in 2011 against same property as a security and i closed the edu loan in 2018. After closing the loan i went to collect NOC and our property documents back but unfortunately they missed it. For 6 months they keep on telling like we are searching in that dept , this dept but results fail as they could not able to locate it. After that my dad was sick and he was in bed rest for 6 months and i went to abroad for good so we could not able to chase it for sometime , later corono wave comes and i was hesitant to take my dad to bank to chase for the document . But whenever time permits i used to go bank and fight with the staffs to locate it or else to arrange to get a new document as per the procedures, almost i visited 30+ times but no result. Finally 2 days back they accepted that they missed the document due to their negl

Advocate Guru Dhananjay answered
You can sue them for negligence and for poor services rendered. the safety of the document in their custody is absolute and they ought to have ensured safe return of the same no matter what the terms and conditions may contain in fine print. The ideal way would be to send out a notice for damages, keep a stock of all expenses involved in the reconstruction of the document and the future hassle due to the loss of the document by them.