Advocate Pooja Agrawal Gupta

Questions Answered by Advocate Pooja Agrawal Gupta

Q: What should I do if my wife is not accepting the divorce notice sent to me? What happens if a spouse

Respected Sir, I am Hindu by caste and live in Aurangabad. I married 6 years ago, but my wife resides in Mumbai and has filed a divorce case there. She is not ready to live with me and is asking for maintenance. She sent me a notice 2 months ago, but I did not respond. What should I do if my wife is not accepting the divorce notice? What happens if a spouse doesn't respond to a divorce petition in India?

Advocate Pooja Agrawal Gupta answered
there is no compulsion to reply any notice but if you replied than you can show as a defence in court proceedings. first of all you didn't mentioned that what she has stated in her notice.. She may file a case against you for her legal right towards maintenance, alimony, custody and divorce. she can also filed a criminal cases like domestic violence and 498a etc. if you are not appearing before the court in your divorce case,the court may pass ex-parted order against you.

Q: Property dispute cases between brothers , cheated by brother. What to do?

We had family property in name of my Father, Elder Brother and Myself. Before few months it was agreed by my elder brother that he will give me and my father certain amount towards share in property and then to transfer the property in his name. Then we transferred the property in his name. Now when my father ask him about the amount agreed he has turned back and refused to give any money. Without this money my father will have no house of his own and my brother will not allow them to stay in his house. We dont have anything in writing about the mutual agreement. how to sue your brother ?

Advocate Pooja Agrawal Gupta answered
you can lodge an FIR against your brother for cheating and criminal breach of trust in the concerned police station. if not taken by the Police then file a private case u/s 420..etc before the Magistrate court. and you can harass your brother to give letter to society and concerned authorities for not putting his name in the share certificate and transfer documents.

Q: How to remove name of joint owner from mother's property

We own one res. flat which is jointly in name of my mother and her brother. Now we want to remove the name of her brother. whether same can be done by executing gift deed? what will be the process, and whether it will attract any stamp duty?

Advocate Pooja Agrawal Gupta answered
Yes, it can be done by executing Gift deed or Release deed before the sub-Registrar, where the property is situated. regarding the stamp duty/LBT, Registration charges , you have to mention the state/ area of the said property, than only it can be decide.

Q: Is marriage certificate necessary for divorce ?

Is marriage certificate that necessary for divorce ?Evidences like photographs,marriage bureau approval,or witness who were present in marriage cannot help in taking divorce?

Advocate Pooja Agrawal Gupta answered
No, Marriage certificate is not necessary for Divorce. Marriage Photograph or Marriage invitation card are sufficient to produce and if not the same than affidavit for marriage is also enough to file a divorce petition.

Q: want to marry second girl without taking divorce from first wife

I want to marry second girl without taking divorce from first wife.So what is the process.

Advocate Pooja Agrawal Gupta answered
if you are Hindu, you can not marry without giving divorce to your first wife, if your first wife is giving you written consent than you can marry. but as per hindu marriage act, without giving divorce to first wife, one should not marry.