Advocate JK Alva

Questions Answered by Advocate JK Alva (25+ answers)

Q: Witten Divorce or Mutual Talaq

As-Salam Alaikum, my wife has been cheating me since 6 years, after i was able to hack her whatsapps account i came to know about it, when i asked her, she accepted about her affair and told me she would stop but will remain in contact by phone calls twice a day. I agreed to save my marriage as we have two kids. these phone calls continued for long( (almost 2 years), every time i told her to stop all these she says she wants to take revenge (insisting that she wants to break his marriage, as he cheated her and married to other women). at present, though she has stopped talking she is encouraging me to get married as she cannot accept me as husband and she has no intimate feeling for me but on condition to get written divorce from me. when i was not aware about her affair somehow she was able to get one property on her name (by gift deed) and another property as co-owner (this property is on loan and i am paying EMI approx. 60k) . please advise me how to handle this situation legally?

Advocate JK Alva answered
Both can approach the court for mutual consent of divorce if ur relationship is not long run. You both may approach good counseller of both wants to save the marriage. Discuss both and take the firm decision.

Q: Wife put false case 1680, and now put DV 12 of 12 case on me

Married in 2009 MAY, i Have sent to her home town during Covid march 2020. not returned till DEC 2020. She came in DEC mid, and put case on me IPC 1860 on JAN 2021 at Bangalore. Took FIR & Put me in JC. I took bail and returned home. She not allowed me into my home. I joined PG and be in room till today. She vacated my home without informing me and collected home advance from owner . She went to her home town and given case as 12 DV u/s 12. Notice has sent to old home address. I got notice in DEC 2021. till then i was not aware of summons and about interim order for paying 30 K per month based on the false statement to the court. but i was paying monthly amount on my own knowledge . She took kids 10 y boy, 8 year girl studying in reputed English school, with her without my permission and she took TC from the school to without my permission and joined to govt Kannada school there. No calls till today. How to proceed for getting kids and is it good to get divorce.... Advice Please.

Advocate JK Alva answered
She might be filed maintainence case against u and got the interim maintainence. u can defend ur case appointing good lawyer. Also u may claim custody of the children.If the criminal case is false case then u can approach the high court for quashing the FIR against u.

Q: Regarding Divorce Proceedings and to take legal action against the spo

Hi,1. We have issued a legal notice to my wife regarding various issues caused by her (given 15 days to reply )What if they won't reply ? What steps we need to take2. Some date corrections were there in legal notice (we had given in a mail stating it was typographical error) and attached a new copy.

Advocate JK Alva answered
you can send another notice stating the corrections. if other side wont reply , you may take legal actions or any actions as said in the notice. but you should wait for the time you stated in the notice before taking any legal action.

Q: How court estimate the value of the inherited non-movable property?

My Father expired due to Covid 2nd wave leaving behind the 1.5acers of agricultural land, a small plot in the rural area as only the assets, meanwhile a few friends of my father stating they have my father's cheque and my father's owe a lot of money! but as my father doesn't have any loans as intent to give his retirement I took a loan of a huge amount with my mother house security and cleared it all just 2months before expired. neither of us not sure about the transaction to whom the amount has been adjusted etc. now the father's friends sent the lawyer notice of money recovery of around 30L. I would like to know how I can defend myself in a court of law, and if in the worst case how the property value is estimated while calculating the inherited property? If the property value given by courts is affordable to me can I pay and take the property as purchased as my father's memory? If I take to like this will any other cheque bounce case effetc this property again?

Advocate JK Alva answered
They can not file cheque case against your deceased father and wont effect the self acquired property of your father unless he transferred his right or written will infavour of the third person when he was alive.nothing to worry..

Q: Live-in relationship after breakup consequences

Hello Sir,One of my friend Rupesh was in live-in with his girlfriend for 5 months. Due to many problems from his girlfriend side he decided to breakup and stay apart.Now the girl is threatening my friend to get married with her otherwise she will file a Rape case against him.Can you please suggest, if she really has power to file Rape case as they were both in live-in with their mutual consent. If she files a false rape case, how should my friend handle it from legal perspective, please advise.Thanks & Regards,Mohit

Advocate JK Alva answered
hello,if she filed case, after investigation only police registered the case. By mutual consent they lived together and breakup their relationship, so here no question of force is arise. No need to worry.