Advocate Navin Sachanandani

Questions Answered by Advocate Navin Sachanandani

Q: Transfer of Matrimonial divorce case to a different state

i would like to transfer Matrimonial divorce case from Hardoi UP to Mumbai. as after marriage me and my husband was working in mumbai since last 10 years. 3 months back my husband left me and file divorce case at his home town. i am working and have 6 year old son. i would like to transfer divorce case from UP to Mumbai. Please suggest.

Advocate Navin Sachanandani answered
The only option available to you is to move the high court and ask for relief The high court will pass an order and pertaining to that order the lower court will transfer the matter to the jurisdiction of Bombay swing the importance of the transfer And also the intention of the husband

Q: Can I get a divorce while living in the same house as my husband

I don't have a place in my city to go live at, my daughter's education will suffer if I move to my parents place as it's in a far away city. My husband has his family here but they don't want him back to there house too. I had put all my money in this house and my husband took a loan for the rest of the payments, I had stopped working post delivery and now I am not financially strong to move out. Can we still file for a divorce while we stay under the same roof?

Advocate Navin Sachanandani answered
Yes u can file for it,There is no issue with the same But what is ur reasoning depending on which we will have to decide what petition needs to be filed and what action needs to be taken in your matter

Q: Procedure to file case for divorce if wife threatening to file case

Dear Sir/Madam, I have been married for 1 year, since marriage we both are living separately, I had a extra marital affair for a brief period and my wife got to know and had evidence too such as photos. Now when I asked to mutually divorce she is not ready and said that she will file fraud and other charges against me. I wanted to know what would be the punishment if she files case. How can I make it a normal divorce without any charges.

Advocate Navin Sachanandani answered
She is capable of filing for a divorce where I'm she is going to lay all allegation on you and she can also file for a domestic violence case against you and along with it betray and adultry if she is really incline towards it or else we can talk to her to and try to settle the matter peacefully

Q: Sister filed property share case against me, wants to resolve it

My mother has a flat , she is having 4 children , two son who is living in the house , and two daughters who got married , now my one brother is living the house , and he doesn't want any share in the property , he is ready to sign , but the two daughters , wants the share in the property , I already paid them plenty of money in their marriage , but it is not on the paper , but now they are deny it , they have now became greedy , if the daughters goes against me in the legal way , how much time it will take for the judgement from the court , is there any other way , to get rid of this problem .

Advocate Navin Sachanandani answered
by your letter it is assumed that your mother is alive and she is yet holding the right in the flat, if you want to avoid the litigation way there is a simple way of making a gift deed in your name and getting the flat transferred in your name this process will protect you from the litigation and a registers gift deed will hold more importance as the person has done within his life time

Q: Complaint against wife for sending fake notice and complaints.

MY WIFE IS STAYING AWAY SINCE 5 MONTHS.INITIALLY WE WERE TOGETHER SINCE 2016. NOW SHE SENDS A FAKE NOTICE WITH HELP OF LAWYER THAT SHE IS NOT STAYING SINCE ONE YEAR.SHE IS CREATING A FALSE NOTICE AGAINST ME.and calls me IMPOTENT. I HAVE RECORDINGS OF HER CALLS OF BETWEEN 5 MONTHS SEPARATION SINCE JUNE 2017 AND PHOTOS OF ALL ONE YEAR TOGETHER. I HAVE CALLED HER AND HER FAMILY MEMBERS 4 TIMES BUT THEY ARE NOW LYING THAT I NEVER CALLED THEM.SHE IS ALSO ASKING FOR MONEY PER MONTH 50000/- WHAT TO DO?WHAT CASE SHOULD I FILE AGAINST HER?

Advocate Navin Sachanandani answered
First and foremost you need to make it cleats wether u want to have her in your life or not and if yes what's the reason behind it and if no what had been the consequence that u have faced bcoz of her in your life After which you can think of filing a petition mutually or a contested petition in the family court