Advocate Kiran Thirumalesh

Questions Answered by Advocate Kiran Thirumalesh

Q: Application Rejected Under Order 23rule 1(3) Want To File New Case

Sir/madam I have filed case in 2020 for injunction then I converted to suit for declaration and possession in2022 .evendince is not lead issue have not be framed on October 2022 I filed IA for withdrawal of suit with liberty to file fresh suit on same cause of action under order 23 rule 1(3) but court rejected my application now I want to withdraw the suit and file new suit on different cause of action can we file or my previous order or suit will affect my case what relief we had ask previous can we ask in new case

Advocate Kiran Thirumalesh answered
Sir that is a wrong provision, for withdrawal you need to file a memo not an application. Only a lawyer can help you out with all the questions relating to law by going through the papers. Please consult a lawyer or tell you present lawyer.

Q: Husband wants to take child away from me

I have been in a mentally abusive marriage for the past 12 years. My husband has been traveling for the past 7 years and never made time for family or prioritised us. I have raised my child as almost a single parent ever since he was born. I left my job in Chennai to be as a family in Bangalore and he moved to Goa to open a business without my consent and has been forcing me to move with him. Now he has started saying he will take our kid with him as he has equal right. He has never been with us for past 7 years but now forcing us to move or take our child (7 years) with him. Is it legally possible? How can I protect my child as i am not sure how he will care for him.

Advocate Kiran Thirumalesh answered
You can file a case for domestic violence, second for divorce and third for guardianship of the child. It is all possible. However, the timeline for all the cases is different and all procedures are also different. You can connect to me post 5pm for quieries

Q: 498a and dvc case transfer r quashing

Hi I am frm Bangalore my x wife frm Chittor as I have filled divorce first and due t her absence I got x party divorce in july 2022 i got married she Al's filed 498a and maintenance 2018 n 2019 again I she filled she want husband n bangalore is there any chance I can quashed or any other way I can came out of this issue as mother is. Bedriden and illiness. As she not aggred for any amount she s requested 25 laksh or site in chittor which we can't able to Appreciated your support

Advocate Kiran Thirumalesh answered
She cannot claim any asset from you. Post the decree being drawn for divorce. Please submit the decree copy to the court in the magistrate in chitoor saying that you have a exparte decree for divorce against her.

Q: Need information on how to change DOB in my passport

Wanted to know the process for changing DOB in my passport.

Advocate Kiran Thirumalesh answered
You will have to file a civil suit for change of DOB. We will need valid date of birth and birth certificate to show the same. Along with that the passport and other documents are required. For any further queries you can call or message me.

Q: Husband applied for conjugal rights and refusing to take back

Husband applied for conjugal rights and he forced me to leave my job. He is not ready to take back. I agreed to leave job after a couple of counselling. He is not ready to take back. I got interim maintenance for my kid , she is 2 and half year old and i got only 6k as interim, my husband salary is 1.3 lakh, and i get 40k less than him. I have not applied for dowry or any other case other than 125 crpc for my kid. He applied for conjugal rights first and it's in evidence. Even in reply i mentioned that i want to go back and i had resigned , since he didn't take back, i took my resignation back. Since I'm working he thinks, he will divorce me after completing conjugal rights case. He tried to withdraw conjugal rights case, but judge declined. Forcefully I can't go and stay with a person who doesnt want me back. He neither visits my kid and my kid was hospitalized recently, due to judge order , he came and saw her for few mins that's all. What are the rights of a working woman?

Advocate Kiran Thirumalesh answered
Do you have a lawyer representing you in the Case ? If yes tell him or her regarding your will to part ways with your husband. You can file a case for divorce against him. You can file case for domestic violence and also maintainance against him