Advocate Prabhakara Gujjar H S

Questions Answered by Advocate Prabhakara Gujjar H S

Q: Can I claim for property received in marriage during divorce

Hi Experts, My mother has done giftdeed site (registered) for me before marriage,Will wife have any rights on this property either during seeking divorce or after divorce.My mother passed away before my marriage. Thanks Vikas

Advocate Prabhakara Gujjar H S answered
yes, she is having no rights in your property because its your own property to you. once gift means even your mother cannot take back the gift. but however your mother is no more. for own property no having rights in that property.

Q: Can a hindu couple legally married in India get a divorce in US

Can a hindu couple legally married for the past 5 years in India get a divorce in New York USA. Is it legally valid in India. Is there any other procedure to be completed in India . The couple has no children

Advocate Prabhakara Gujjar H S answered
No chance you have take divorce in In Jurisdiction of you are living on nay address prof to showing area only . if both are agreed its easy to take divorce by mutually . no valid in India.

Q: FIR not registered by police what action can we take

What should be done if an FIR is not accepted in a police station. Which higher authority should we contact. Please elaborate on this. Thank you

Advocate Prabhakara Gujjar H S answered
if Case is not registered in concerned police station you may send by RPAD (post) or you may visit commissioner of police if you are in Bangalore or otherwise you may loadge IGP office or some time you may lodge compliant before Magistrate

Q: Wife is having extra marital affair what action can I take

My wife is having an extra marital affair. Is there a legal provision for getting a DNA test as I have this feeling that thee baby is not mine.

Advocate Prabhakara Gujjar H S answered
you have filed any case agaisnt your wife if not you, go directly any hospital and get test of DNA if you filed case against your wife then you take permission . for DNA test court permission is not required

Q: Wife is asking to buy property after compromising domestic violence

Respected sir, 498a and other dowry cases filed by wife. Upon compromise, case withdrawn.Since the husband has no property on his name, wife and in laws (they are lawyers) are pressuring the husband to buy property. Now ,1). if the husband buys property in his wife a name. . Will it be beneficial to the husband in any ways. 2).Is it better to buy the property only on the husbands name ? 3).Or better to buy a property jointly. This is to take necessary precautions buy the husband? Also if the wife buys property after marriage can husband get a share in it. (Marriage as per SMA 1954)

Advocate Prabhakara Gujjar H S answered
you buy the property in our name only wife has no share if you buy in your name if you buy in your name tomorrow if any dispute between you and your wife you will be safer side they are (wife and in laws) who ever law is same