Advocate Prabhuswamy

Questions Answered by Advocate Prabhuswamy

Q: How to get divorce within a year of marriage if wife has schizophrenia

I got married in Feb 2017 in Hindu custom and by march I came to know she has this psychotic disorder since 2007. The illness was never disclosed to us before the marriage. We have her medical reports as a proof where her family has described all the episodes of her symptoms which triggers after every couple of years. Due to this mental disorder, she has created chaos at my home very after the marriage and disturbed every member of my family and society. I am completely aware of that a newly married couple has to wait for one year to get the divorce. But does this non curable psychotic disorder case fall in any exception to get the divorce within one year of marriage ?

Advocate Prabhuswamy answered
yes you can file a petition before the family court as nullity of marriage, you have to prove the decease and she has this psychotic disorder since 2007, The illness was never disclosed to you before the marriage, then only you can get divorce from the court.

Q: Land sold to general category by SC person can i now buy it from him

First of all the particular land belongs to SC category person and he sold it to general category and SC category person has died now and can we buy the same land with that particular general category person. We are belongings to general category and now I am waiting for your reply. Please suggest me.

Advocate Prabhuswamy answered
there is no problem even though property belongs to SC category persons, But if the said land granted by the government to Sc, he should take permission to government to sell the said land to other persons. we can come to consultation only on go through the records only.

Q: Can i apply for divorce if wife is not ready

can i get a divorce from my wife if the appeal is only one side??

Advocate Prabhuswamy answered
you can file divorce petition before the family court on the ground that cruelty, mental torcher and desertion, if wife is threaten commit suicide it is also amounting to cruelty you can also file divorce on this ground also.

Q: What is the procedure for filing mutual divorce

My brother has been married for 11 months now and willbe completing one year on 11th dec My brother and his wife have agreed upon a mutual divorce. after 11th dec wanted to know if they can file divorce there are any other rules to it.

Advocate Prabhuswamy answered
after completion of One year of marriage they can file divorce petition before the family court, after filing the petition 6 months is waiting period is mandatory, after completion of 6 months court will pass decree of divorce.

Q: Want to reconcile with wife but she is not willing to return back

Hi Team, Do to few mistakes (Abusing, not spending time wit her e.g.) my wife left me (5 months passed ), I have 5 yrs old daughter.. Now I ve realized and I want my family back but my wife is not willing for it. I dont want to break my marriage at any cost.. could you please advice how can I convince or win her back :

Advocate Prabhuswamy answered
you can get back to your wife by filing petition under section 9 of Hindu Marriage Act., for conjugal Rights, court will be direct her to live with husband, only remedy available you, other wise you can file Divorce petitioner.