Advocate Kamal Katyan

Questions Answered by Advocate Kamal Katyan (25+ answers)

Q: What to do if husband wants divorce but wife does not agreeing for Mutual Divorce ?

I am a 38-year-old Hindu Punjabi man, married for 10 years, with no children. I have tried my best to continue the marriage, but frequent fights and mental stress have pushed me to the edge. I even attempted suicide, but I have now decided to separate instead of harming myself.

My wife is not ready for a mutual divorce, and my parents are forcing me to stay to maintain social status. I have lived like this for 10 years, but I cannot continue anymore.

• What to do if my wife is not ready to give divorce in India?
• Is living separately in a hostel a valid ground to file a divorce petition after 1–2 years?

Advocate Kamal Katyan answered
Can you file for divorce on Desertion Grounds?

Yes! If your wife refuses to divorce you, you can claim desertion as a ground after 2 years of separation.

Important:

• The husband must prove that the wife left voluntarily without valid reason.
• If you move to a hostel and live separately, it may strengthen a future desertion claim.
• However, filing on cruelty grounds may be faster than waiting for 2 years.

Q: What to do if my wife left me and is not traceable

Hi Sir,r . I marry a German  woman in 2000, we always lived in India,   we got a child and after in 2005 she disappeared with the child. Since then I don't know anything about them. I am always in India without chance to travel abroad, I am trying to getdivorce the last 3years but the court doesn't grant me the dissolution... they always asked documents, or demands something g else, that I can give them. So I am alwyas pending of divorce, i wait too much...what can I do? Pls advice me.

Advocate Kamal Katyan answered
you can get divorce easily in this case.. though you have not mentioned which documents are demanded by the court but i thought court might have asked documents regarding your marriage. you have also not mentioned which place/court your matter is pending. you can get divorce on two grounds- cruelty and desertion.

Q: Legal action against the father forcing to vacate the house

Dear respected.. Would want to know if my father has abandoned his wife and both children without divorce and is living with some other lady since 2005. Since then he has been sending people to get the house vacated in which we are staying with my mother and family(wife & kid). The sale deed is in his name. What are the possibilities that we are not made to vacate the house. We dont have any other property in which we can stay after vacating the property. Need advise Regards

Advocate Kamal Katyan answered
you can file complaint under domestic violence act before the court of ld Judicial Magistrate wherein you can seek maintenance from him and also you can get stay against him for not dispossessing you and you can get stay for against him for not selling this property or creating third party interest regarding this property

Q: Can i file any case against my husband for threat and unnatural sex

Meri shadi ko ek sal ho gya h mere husband ne mere sath unnatural sex Kiya h aur mujhe dhamki deta h agar kisi ki btaya to Teri Teri gandi video banai h aur kha agar kisi ko bataya to net par dal dunga ispe case ho jaega yanhi

Advocate Kamal Katyan answered
Yes you file both criminal case as well as divorce case against your husband..if your husband has committed unnatural sex with you without your consent or you consented under duress and now threatening you....you can file a criminal case under section 377 and 506 of IPC against him... besides criminal case you can file for divorce also on yhis ground alone

Q: Can a property keep as a security for a loan sold to someone else?

Maine apne relative ko 6,50,000 rupee udhaar diye or usne 100 rs. Ke stamp per apna ek plot mere naam per dene ke liye sign kiyaaa or ager wo paise naiii detaa to wo plot ki registry mere naam per kr degaaa.. Per ab usne wo plot ki registry kisi or ke naam kr diii h...Maine civil court m case file kiyaaa h... Ab aage is case m kyaa result hogaa plzz guide me?

Advocate Kamal Katyan answered
he cannot sell off the said plot to some other person during the period while the same property is still mortgaged with you.. civil case is ok but to build up pressure you'll have to file criminal case against him as this is clear cut case of cheating and misappropriation/ criminal breach of trust... asked you advocate to file a criminal case also against this person