Advocate Neeraj N

Questions Answered by Advocate Neeraj N

Q: divorce with mutual consent when marriage not registered

hi we had a arya samajh marriage and we never stayed together because our parents dont know and after some days lot many issues happened and we want be apart from each other .our marriage is not registered and we have arya samajh certificate. what is the procedure to take divorce. now our parents got to know and we want to be apart

Advocate Neeraj N answered
you can file a case for annulment and get separated and live separately and for that you have to file a case in family court for annulment with wedding card and photos and Aadhaar card and it will take 3 to 6 months time for annulment

Q: Suggestion for getting out of an forced marriage without waiting for p

Hi sir/madam, My friend was forced into a marriage without her consent. It was happened 2 weeks back. She is desperately trying to get out of that marriage. Is there any law/ legal method that can cancel her marriage?

Advocate Neeraj N answered
yes she can file a case for annulment through family court and get the marriage annulled and she will get out of marriage and this process will take 3 to 6 months time and need docs like wedding card, photo, aadhaar card etc

Q: Admitting false allegation of impotency outside court - Seeking MCD

My friend’s wife filed OP that my friend is impotent and sought declaration of marriage as NULL and VOID since marriage was not consummated during their stay together for only a week. Subsequently she never joined him at matrimonial home. My friend countered her allegation in his IA and requested the court to order for his potency test to prove that he is fit for marital life. Court has admitted his IA and ordered for medical examination. Now she approached my friend outside the court and requested for filing MCD. My friend asked her to withdraw the false allegation of impotency first. Kindly advise whether existing OP can be converted to MCD with withdrawal of allegations by her OR a fresh Petition is to be filed for MCD after withdrawal of this OP, [OR] she has to file an amendment Petition to this OP. Also, what are the steps to be followed and caution to be exercised by my friend in agreeing to her request at this stage [after 2 years of solemnization of Marriage].

Advocate Neeraj N answered
yes op can be converted to MCD no need to withdraw the op and MCD can be closed within short period and let me when the op was filed? and both parties should appear for conversion op to MCD and amendment petition has to be filed

Q: Registration document seized by ACB while raid in Registrar office

I went for registration of a plot in Maheshwaram, Hyderabad registrar office after giving all the money to the developer on 27th June 2019. The registration process was completed. I didn't receive the registration certificate yet. When I called the developer to enquire about the registration certificate, he told me there was an ACB raid at the registrar office by ACB, the sub-registrar was arrested and all the documents of the property registration have been seized by the ACB. (https://timesofindia.indiatimes.com/city/hyderabad/in-a-two-day-long-trap-acb-nabs-sub-registrar-aides-taking-bribe/articleshow/69981098.cms)I want an advice about - is what the developer is telling me possible? If yes, then how will I get the seized documents from ACB back? Are the registration that happened on that day are void now?

Advocate Neeraj N answered
you have to file a petition in high court for releasing the registered document otherwise they may not respond and eventually you may not get the registered document and further to file a case you should have documents showing that you have registered a particular document

Q: Sale deed cancellation of resale property due legal docs issue.

Hi good evening,I have made a sale deed agreement of resale property in may 2019 and applied loan in many banks, due to unavailability of few docs like, BRS, Plan copy is different as per construction, legal heir docs, loan has been rejected. Without loan I can't purchase the property. Now the vendor is not willing to pay back the agreement amount of 10/- lacs. Request you to kindly help me for further process.

Advocate Neeraj N answered
in this case you have paid 10lacs and now the owner is not willing to return the same hence legal notice shall be issued against the owner and further if money is not returned, then suit shall be filed