Advocate LP Mutaguppi

Questions Answered by Advocate LP Mutaguppi

Q: Procedure to apply for divorce in India as wife settled abroad.

I got married on 18th Feb 2017 and my wife separated on 9th April 2017 asking for divorce all of sudden without any arguments or reason. After a wait for almost a year when I called for filing divorce her brother told that she has left for abroad and divorce is not required, and I should not ask for it. I am not able to travel abroad as visa will not be granted without divorce.

Advocate LP Mutaguppi answered
sir, you can able to file a divorce petition in your jurisdictional matrimonial court for divorce. with out divorce from competent court wedlock is not dissolve and you can't escape from responsibility.

Q: Procedure to file a writ petition for speedy disposal of pending case

I want to file a writ petition in Karnataka high to get orders that the pending Criminal case should be disposed within six months

Advocate LP Mutaguppi answered
No, the High can not directly entertain the criminal cases, so you must file discharge application before a concerned trial court or file the quashing proceeding before the High court and consult counsel.

Q: Legal remedy as appeal rejected in lower court for unlawful partition

Hi, For my mother's ancestry property. There were two sons n 5 daughters. 5 daughters were uneducated and signed on final decree without knowledge. Compromise case and appearing in court and judgement made on all same day(malur court). 5 daughters had no clue how much they will get. But brothers sworn to give partion after court case. But now they are not willing to give. The lower court rejected the appeal. Total of around 10 acres , daughters were given only 2 guntas each. OS 253/ 2011 If we appeal in High court of karnataka do we get justice on the partition. Thank you for the advice!!

Advocate LP Mutaguppi answered
yes, Normally Court has enquired about the contents of the compromise decree with each one of the parties and then only it passes a decree. If any malpractice or fraud etc there that time you have only limited grounds for questioning. .you have not any appeal provision but you may question before High Court under writ petition by strict proof of deceiving or fraud.

Q: Requirements to get divorce and time of separation needed

Me and my husband are married for 12 years with a 9 yr old child, currently staying in UK.I will be moving to India around June 2018.Please advice me where should I be applying for divorce. And how long will it take for complete process, what will be the fees. Do we need to stay separately to apply for the petition?

Advocate LP Mutaguppi answered
madam, kindly inform about your personal status in UK or India and in India, where is your native place or place of marriage or your permanent or habitual residence etc. And if you are mutually decided about divorce than it takes short span of time, if he contests the divorce it takes some period. Therfore please give further details about it. thanking you.

Q: Is it legal to get emancipated in India for a minor ?

Hey, I am a US citizen (OCI card holder) age 17 living in India. Since I would be graduating from my school this year and moving back to the USA for my college alone, I am planning to get legally emancipated from my parents since it would be easy for me to get into contracts and other legal stuff on my own. It would be easier for me to get emancipated in India first and go to the USA. I would like to if it is possible to get legally emancipated in India, If it is, what are the procedures to get emancipated. Best Regards,

Advocate LP Mutaguppi answered
hellow, as per your information OCI card holder means your matter is regulated by Americian law and mostly your country cannot permissible to your intention, but you are in India and as per Indian law a minor cannot able to enter in to contract or give order to emancipated from your parents also. So you must wait up to attaining your age of 18 years.