Advocate M. Sundara Pandya Raja

Questions Answered by Advocate M. Sundara Pandya Raja

Q: Procedure to file for divorce as husband harassed & verbally abused

 I got married before four months..before marriage I asked my husband I need time to accept you and to involve in family life,he too agreed..but after marriage he behaved too rudely..he torn my clothes and had alcohol and talked rubbish words..and he harrased me when am asleep.and his rubbish words (who you need to sex..and blackmailed shall I force u and left to office with the door open when I feel sick..and asked me to serve drinks alcohol n side dish and rubbish words Like to whom already you sexed ...) a person before marriage given me time but after marriage he behaved like animal.this kind of torture made me to attempt suicide and to left to orphanage...i am with my parents now..i no need Like this man..please Help me to get divorce..the court will support me or not???

Advocate M. Sundara Pandya Raja answered
yes you can apply for Divorce in court under the ground of cruelty. And also you can file a criminal case against your husband under section 498A of Indian Penal Code and also under Domestic violence Act. if you are not earning, you can also file for maintenance under section 125 of Criminal procedure code.

Q: Grandmother died mother applied for legal heir certificate

Hi My grand mother (father side) died and my mother have applied for Legal heir certificate. Since my mother is not direct legal heir of my grand mother and my father died much earlier thasildar office is asking for to get help from court (Religion Hindu)

Advocate M. Sundara Pandya Raja answered
First get legal heir certificate for your father, then with that get legal heir certificate for your grand mother. if you can not get legal heir certificate for your father, then you should approach the RDO and give him a petition for delay in getting legal heir certificate.it that not works then you should approach the court.

Q: Legal procedure to buy property against medical expenses.

I have the patta only. No previous documents. Shall i sell the property against my medical expenses?. Pls advice.

Advocate M. Sundara Pandya Raja answered
You can sell your own property for any reasons. Patta does not confer title to the property. It just shows who has the duty to pay property tax for the property. Hence, sale deed is an important aspect.But if the property is used by the seller for more than 20 years continuously or if his parents used the property. then it should be supported by Chitta, Adangal, A register, UDR patta, Kist receipt etc and encumberance certificate also should be seen, which should disclose nil entry.if all the above condition satisfy you can sell.

Q: Procedure to file for contested divorce.

My wife is masturbating woman. She caught by my mother and my neighbour while masturabting herself alone by her fingers in our room. My mom noticed it through window and took video and photos of her. Shall I use this photo and video for getting divorce from her.

Advocate M. Sundara Pandya Raja answered
It is not a valid ground for divorce, Masturbating will not attract any of the grounds of divorce in Indian law. The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.They are 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.