Advocate K.P. Sumangala

Questions Answered by Advocate K.P. Sumangala

Q: What is the total time taken in the mutual divorce process

We have applied for Mutual concent divrce, but the strange part is court has given the 1st date on 04-DEc which is 6 months from the time we applied for divorce, Lawyer said on that date councelling will be done & based on the outcome of the mediation court will grant the divorce. Will both happen on the same Day? or will there be further delays. We have been married for 12 years & living seperately for the past 2.5 years Having a kid who is 10 years old. She is a working women taking a salary of 40K Should i pay alimony to her?

Advocate K.P. Sumangala answered
Mutual consent divorce is filed under sec.13-B of the HM.act and the time taken is six to eighteen months after filing of the petition,after six months of filing it will come before court for mediation and in mediation one or two sittings will be taken by the mediators,then if mediation fails, the mediator will draw a report of settlement and sent back to the court, then it will come before the court and enquiry if necessary will be made and court will close the file and order for judgement.

Q: Can domestic violence be the reason for divorce

Need divorce reason domestic voilece from 8 years Religion- jangam lingayat

Advocate K.P. Sumangala answered
If this is filed only for the sake of harassment then it is one of the grounds for divorce, you can file divorce under mental cruelty, since the case is not proper or any document is not shown properly and you can file divorce.

Q: legal notice sent to wife for divorce for harassment & mental torture

we marriage in 03/11/2014. Since 3 years my wife is mentally torched me with my mom and she s going to sucide but I can stop her her father and mother doesn't respond and care her and my wife is going to her parents home 6 Month and I ll send first legal notice last 5 month and she is respond 1st notice and she is not coming and I ll send another legal notice she doesn't respond me and I called to her I said come we are come together she is said directly I ll come though court what I ll do pls help me and we have no children

Advocate K.P. Sumangala answered
You have already issued divorced notice and also received reply notice also and her intention is that she should come through court only, then you can file for restitution of conjugal rights, and at the time of mediation the matter will be settled by them if both the parties agrees the settlement if not your husband will file it to court stating that you have not responding to his legal notice as well as not replied to the legal notice

Q: Legal action against husband from doing second marriage

I'm Hindu. I am staying in parents house. My husband sent me a divorce notice.But I want to save my marriage.Without divorce, my husband is looking for girls for a second wedding.Any legal action can be taken to prevent my husband's second marriage.

Advocate K.P. Sumangala answered
If your husband is trying to get second marriage, collect details of the second girl and take restraining order from stopping him from entering in to second marriage, and also you apply for restitution of conjugal rights under Hindu Marriage act , give reply to divorce notice if not he will file divorce case and have chances of taking ex-party divorce.

Q: Procedure for transfer of case to her native place by wife

i came n living in my parent home. after more than 2month overed i scolded him lot bcz he cheated me.now he given police complaint dat i left home by taking al his gold. bt i taken my belongings only so that now what v have to do how to fight against it. i dmt want to go for police station and i want case should transfer to my native only.and which case i hv to file dat i should b strong? i dnt hv sufficient evidence but i want justice for my case. frm police station i got cal to come for settlement and am not redy for settlement but how to avoid by going to police station and how to make him to come to my native for this case

Advocate K.P. Sumangala answered
If it is filed in one state and if you are living in other state like Madras/Karnataka it become state to state transfer then you have to approach to the Supreme Court for transfer of your husband case to your place, if the case is in the same court and if you have filed one and your husband another case in the same place then you can file it to District judge for transfer by filing Mis.case and take transfer to your court . In case police complaint filed by your husband then you have to attend the police station for your statement