Advocate Laxminarayana Padhi

Questions Answered by Advocate Laxminarayana Padhi

Q: Divorce within 7 months of registry marriage

I have registered my marriage in the month of may this year. But we are not sociaaly maaried yet. Now I dont want to stay with the person anymore. How can I free myself from this marriage? If my spouse is ready for it then can we file divorce before 1 year of marriage?

Advocate Laxminarayana Padhi answered
13-B-2(ii) says "The period of living separately for one year must be immediately preceding the presentation of petition. The expression ‘living separately' connotes not living like husband and wife. It has no reference to the place of living. The parties may live under the same roof and yet they may not be living as husband and wife." it is a directory, and before one year of the marriage you can not file petition for divorce even by mutual consent.what seems to be necessary is that they have no desire to perform marital obligations and with that mental attitude they have been living separately for a period of one year immediately preceding the presentation of the petition. However the other statutory period of six months as stipulated in 13-b-2 for passing decree of divorce can be waived

Q: How to claim land purchased twice fraudulently by land mafia

My father purchased a land of 1 acre 90 d in 1981 to 1985 with 9 number of sale deeds. He had also win a TS in 1992 from Odisha high court which directed my father as 17/18th owner of the said property and subsequently purchased the rest 1/18th of the land in 1992 to make the sole owner of the property. In 2009 a land mafia took POA for the same land and purchased 2nd time with few sale deed from their children and cunningly inserted his wife name in settlement ROR. We have not received any notice to that from Asst settlement officer. Then he sole this land to many parties mentioning falsely that he has an agreement with us and is owner of 1/2 of the said property. When we went to create a boundary , he made a 144 against us and the case dropped mentioning that the sale deed of 1st party is 2nd purchase. The matter is with board of revenue to analyze to omit his name when we had received A1.90 d yadast and parcha in our name.Please help what should we do ?

Advocate Laxminarayana Padhi answered
the query is not clear to make out the dispute. when your father has bought the whole land, was changes in the ROR not affected. Now from whom did the mafia took POA? and who purchased what from their children ? from where the name of wife came again. Were the details be given, we could interpret something and advise...

Q: Father is influential and lingering the case can we transfer to delhi

Divorce case is filed in Bhubaneswar by my father, i live in lucknow with my mother, can we get the case transferred to delhi, as my father is influential in lucknow and Bhubaneswar and he is lingering the case for past several years and we are fed up of visiting bhubaneswar frequently, so now we want it on neutral territory. Religion : Hindu

Advocate Laxminarayana Padhi answered
CIVIL PROCEDURE CODE- Section 25- Power of Supreme Court to transfer suits, etc.Sub Section (1)On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.Sub Section (2)Every application under this section shall be made by a motion which shall be supported by an affidavit.Sub Section (3)The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.Sub Section (4)In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.Sub Section (5)The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.Transferring a courts. However,suit for divorce can be transferred from one court to another, if it is within the same district then the authority is vested with District Judge and if within a state then the Highcourt on petition of the wife to transfer the case to any of its subordinate suit for divorce can be transferred from one court to another, if it is within the same district then the authority is vested with District Judge and if within a state then the Highcourt on petition of the wife to transfer the case to any of its subordinate courts under section 24 of the Civil Procedure Code.But when the case is to be transferred from one state to another, the power is vested with the Supreme Court under section 25 of the code. However, while dealing with the power of the Court to transfer suits, appeals or other proceedings under Sections 24 and 25 of the Code, which is discretionary neither can be imprisoned within a straitjacket of any cast-iron formula unanimously applicable to all situations and that it cannot be gainsaid that the power to transfer a case must be exercised with due care, caution and circumspection. The Court indicated certain broad propositions as to what may constitute a ground for transfer.Typical grounds taken by wife in the transfer petitions are below.# Having a child# Travel is unsafe being a lady# Expenses required for travel# Threat to life at Husband’s place# Husband is very influential in his place# Inconvenience to travel long distanceAnd when you are seeking inter state transfer, you have to approach the Supreme court u/s 25 of the code.

Q: What are the grounds of Divorce

Need to know about divorce on d ground of medical

Advocate Laxminarayana Padhi answered
Grounds for Divorce under the Hindu Marriage Act, 1955 The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955. Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce. Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act etc are included under cruelty. Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion. Conversion – Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground. Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together. Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground. Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases. Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order. Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage. No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation. The following are the grounds for divorce in India on which a petition can be filed only by the wife. · If the husband has indulged in rape, bestiality and sodomy. · If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce. · A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age. · If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce. 2. Grounds for Divorce under the Dissolution of Muslim Marriage act, 1939 Based on the Dissolution of Muslim Marriage Act, 1939, a Muslim woman can seek divorce on the following grounds for divorce in India. · The husband’s whereabouts are unknown for a period of four years. · The husband has failed to provide maintenance to the wife for at least two years. · The husband has been under imprisonment for seven or more years. · The husband is unable to meet the marital obligations. · If the girl is married before fifteen and decides to end the relationship before she turns eighteen. · The husband indulges in acts of cruelty. 3. Grounds for Divorce under the Indian Divorce Act, 1869 The following are the grounds of divorce mentioned under the Indian Divorce Act, 1869. · Adultery · Conversion to another religion · One of the couples suffering from an unsound mind, leprosy or communicable venereal disease for at least two years before the filing of the divorce. · Not been seen or heard alive for a period of seven or more years. · Failure in observing the restitution of conjugal rights for at least two years. · Inflicting cruelty and giving rise to mental anxiety that can be injurious to health and life. · Wife can file a divorce based on the grounds of rape, sodomy and bestiality. 4. Grounds for Divorce under the Parsi Marriage and Divorce Act, 1936 (Amendment 1988) The following are the grounds for divorce in India included in the Parsi Marriage and Divorce Act, 1936 and the amendment of the same in 1988. · Continuous absence of seven years. · Non-consummation of marriage within one year. · Unsound mind provided the other spouse was unaware of the fact at the time of marriage and the divorce must be filed within three years of marriage. · Pregnancy by some other man, provided the husband was unaware of the incident during the time of marriage and that he must not have undergone sexual intercourse after he came to know about the situation. The divorce must be filed within two years of marriage. · Adultery, bigamy, fornication, rape, or any other type of perverse sexual act. · Act of cruelty · Suffering from venereal disease or forcing the wife into prostitution. · Sentenced to prison for seven years or more · Desertion for two or more years · Non-resumption of cohabitation after passing an order of maintenance or a decree of judicial separation.