Advocate Kiran Thirumalesh

Questions Answered by Advocate Kiran Thirumalesh

Q: Mistake in name - pls let me know what can be done ?

Hi. My Name spelling has a lot of mistakes in each document: My Correct name is R Raza Nayeemuddin. (as of Birth Certificate born in 1965) but in my documents:10th Marks: Raza Naeemuddin12th: R Raza NayeemuddingPension Book: R Raza Nayeemuddin (in all doc like Aadhar, Passpoet propert)I have created an affidavit and paper ad 3 years back Please let me know what can be done to correct my old documents ? Or any affidavit/old is enough) concern for NRC Documents spelling check. Tks

Advocate Kiran Thirumalesh answered
We have to file a suit for declaration for change of name and all the boards have to made party to the case Affidavit is not enough since in most of the documents your name has to be changed a civil suit is the best option. Also it shall run like a normal civil suit

Q: Specific performance Counter Claim How To File

Sir /madam I purchased the property in the year 2020 and after I purchased some unknown person file case for specific performance that in the year 2018 he done agreement with my vendor husband who was the orginal owner he expired in the year 2019 after her death I purchased it from her legal heirs now they both are mingled and want to cancelled the sale deed now how should I must contest and what will be my counter claim bcoz I am not they party to the agreement but all lose will be to me how to stop them to cancelled my sale deed will I have to pay any fees for it how to fight it will I have to file any other suit

Advocate Kiran Thirumalesh answered
You can file counter claim, if you are party to the suit. Secondly, the court gees on counter claim should be filed on the amount of claim. In the case it is market value of the property or the amount you have paid as sale consideration along-with interest and damages. In case you are not party to the suit, then we have to file im pleading application to imp-lead your selves as defendant.

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

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.