Advocate Kamal Katyan

Questions Answered by Advocate Kamal Katyan

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

I m 38 yr old and 10 yr married Hindu punjabi guy having no child from this marriage. Hv tried utmost to continue but fed up with regular quarrel and tried to suicide too. And now decided to get separated instead of harming self as wife not ready for mutual divorce and mine parents forcing me to continue with her for sake to maintain status in society and relatives. I did and live for 10 yrs according to parents in such way now either I Hv to finish mine life or need solution.. what to do if wife is not ready to give divorce in india ?, is living separated in any hostel is solution where I can file divorce petition one or two yr later if separate living

Advocate Kamal Katyan answered
to get divorce on the ground of desertion 2 years separation is required...but you can file divorce on the ground of cruelty also..and are good chances of getting divorce in you case..suicide is not a solution of any problem

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