Advocate Jayaprakash V

Questions Answered by Advocate Jayaprakash V

Q: CAN DIVORCE BY MUTUAL CONSENT BE CANCELLED

A family gets mutually divorced during 2007 as the husband was alcholic as per Hindu Marriages Act, The husband got married again in 2008 and settled in Kerala. As he was alcholic he was abandoned by someone at Alcholic Anonymous in 2009. The husband got recovered and gave his first wires number and she was called by the hospital and she went to the hospital and got him discharged and admitted him in chennai he died in 2014 after living with his first wife for 5 years again. Is there any provision in family law that cancels the mutually divorced people automatically as they have started to live again and the second wife has deserted the husband

Advocate Jayaprakash V answered
Once mutual consent divorce obtained, there is no cancellation of the same, unless obtained by fraudulently or by threat. Again they both can Mary. But in your case, you joined with your husband without remarriage. How ever, you have to prove with strong documents that you only lived with him till his death as believable by court

Q: My boyfriend cheated on me and refused to marry. what can i do?

im in relationship with my boyfriend for 6 years. first he promised and conviced me to love him. but anyhow started to love. through my relationship he said that im loving a muslim girl and left me for a week. that after that he said i left her because she is a muslim i cant marry her. till now i dont know whether it is true or for y he told to me like this. but all i thought is he must be happy with her. again he came back started to talk and as usual loved me so much. but from last year he started to say my family wont accept our love due to caste but we remain as lovers. i too tried to convince him many times but each and every time he physically wanted me but not to be considered as his wife. i thought that some other day he definitely marry me and wont leave me. recently he went to foreign for job after going there he told that my parents saw a girl for me so u leave me and see your life, by next year ill get married. i was heart broken dont know what to do. what can do it?

Advocate Jayaprakash V answered
So many cases registering Like this. You such a girls without analysing the characters of the boys simply sharing all. Once the boys fulfilled their goal, doing like this. You can lodge a police complaint in your area for cheating by explaining all happend to you with available records. Such as photos, video s, call records etc.

Q: What is the procedure and expenditure involved to file for a divorce

I have been married for 13 years.I have been living away from my husband for the past three years.Though I do want to file for a divorce due to mental harassment, my husband is not agreeing.We have an eleven year old son.I need to know the procedure for getting a divorce and what is the expenditure involved.I am working and though I can financially support my self,I require my husbands help for securing the future of my son.Please advice.

Advocate Jayaprakash V answered
Madam, in the interest of your son's future, you are adviced to consider your decision. I'm not aware of facts. However, you can file the divorce petition before your area jurisdictional family court under desertion. You are eligible to file after desertion of two years. For further contact me.

Q: Clarification on summon and notice in a cheque bounce case

One of the private finance company issued notices for unsecured loan by bouncing cheques. But post man replied door locked. But we feel in one of the notice, post man replied refused to accept. We got one envelope today which had written "NIA" and was from some court. Since the person to whom it was addressed was not available so post man replied "door locked". Was it a summon or just a notice? Please give me more detail how can we be saved

Advocate Jayaprakash V answered
It is very clear that after cheque bounced, the finance company issued notice u/s.138(b)of NI Act. It is sufficient "door locked" or refused endorsement for deemed service of post. Subsequently, the company filed private complaint in court and now the court issued summon. If the party refuses it, then the court shall issue bailable warrant.

Q: How to claim maintenance from husband without going for divorce

My Sister-in-law's husband left her and 2 kids(12 years girl+10 years son) 2 years back.He is a government employee earning around 60k/month and also running company under his mom's name partnering with his friend.He might be getting company profit of 1L/month as his share.He is the only son for his widow mother. He isn't providing any financial help and my SIL is also working as government school teacher earning around 30k per month.So my FIL is helping her financially. Still they are very old to rely further.Her husband is having affair to another girl and fight started on that.He does physical harassment to her influenced by his mother.During his exit from home,he hit her on head strongly in the street and she filed a case against him in local police station for her safety.1)Shall we go to LokAdalat to claim financial help for her kids' school fees which comes around 80k a year?Ready to accept him,if he comes clean in future.So not going for divorce but need financial help.

Advocate Jayaprakash V answered
Sure. Your sister in law having right to get maintenance u/s 125 crpc for her and the children also. Without going for divorce. She has to file the same before jurisdictional magistrate court. But she can claim under this act for only 12monrhs, thereafter a fresh petition to be filed