Advocate Praveen Mahajan

Questions Answered by Advocate Praveen Mahajan

Q: I filed for divorce. Can the wife leave the country during the divorce proceedings in India?

Me and my wife want to go for mutual consent divorce. She is Russian, having OCI. She is worried that after filing the application she won't be able to travel abroad (ideally we are planning to file the case , after which next day she can move to Russia). the question is: will she able to freely leave the country the next few days after filing the application? SECONDLY: After six months period , when she comes for second hearing, will she again be able to travel back without any permission from the court? Please provide professional and reliable opinion. Thanks

Advocate Praveen Mahajan answered
Dear Queriest, There is no impediment or problem in travel of your wife to Russia or to any other country in the world since the Divorce Petition is civil proceedings not the criminal proceedings.As per Indian law restriction for travel are imposed upon person if such person is charged with any criminal offence or otherwise required for the purpose of investigation in respect of pending criminal investigation. However in your case the remedy of mutual divorce under Hindu Marriage Act is availed which is absolute civil remedy hence no travel restriction can be imposed upon husband and wife at all by any court in any manner whatsoever hence your apprehension is not validHowever it is advisable for your wife to take margin of at least two to three days when travelling to India since there may be possibility that court may not be holding due to leave taken by judge due to some medical reasons, strike called by lawyer, unforeseen holiday declared in the Court etc etc hence keeping one day margin will be too risky and better to have listing on Monday by taking view of clear court working days ahead in order to list your case on next day if the court is not holding for any reasons on the date when it is listed.Further requirements for both husband and wife for taking mutual consent divorce is to personally appear before the court with original documents filed with divorce petition for the purpose of making statement to take divorce at the time of first motion and second motion (note second motion have to be filed after expiry of 6 months but not later than 18 months from date of disposal of first motion).Further for filing the divorce petition by mutual consent following documents are required1) Marriage Card from husband and/or wife side2) Marriage photo preferably exchanging the garlands at marriage ceremony3) Proof of address may be in shape of Passport, Driving Lic for both parties 4) Proof of residence at Delhi if the petition is to be filed in Delhi to determine the jursidiction of court as in Delhi there are six district court at Tis hazari, Saket, Dwarka, Karkardooma, Rohini and Patiala House and filing shall depend upon the proof of residence etc provided.5) The some courts also prefers the presence of one elder member of family from husband and wife side We can provide the assistance in taking the divorce my mutual consent as well in any court in Delhi or in NCR region or any other place in India.

Q: can a jointly owned property be sold by one owner

1. How can one of the owners sell a property with joint ownership ? Can one of the owners sell it by partitioning it on its own by putting a wall and selling rest of the portion without NOC from other owner. Details for property: House 2. What is the process of issuing a will? How can genuinity or authenticity of a will be checked? In case of no will being issued who are the inherited benificaries and who can make a claim 3. What is the process to get details of ownership of a property if sale deed is lost? can a joint property be sold by one owner?

Advocate Praveen Mahajan answered
Ans no 1 the joint property cannot be sold if the sales deed in joint name does not specify the share of property with clear demarcation hence safer way is to have either consent agreement for partition of property and making other joint owner as confirming party to sale deed rest of advice can be provided after perusing the original joint sale deed to find legal way since the proposed buyer will not be much interested to buy property in joint name without consent of other party however if proposed buyer is ready to buy on as is where basis then legal way to execute sale deed for portion of property can be explored Ans 2 will can be either registered will with sub registrar office in case will is registered the certified copy can be obtained after filing death certificate of person making the will or if will is unregistered will and you want to challenge the will you can file petition to declare will as null and void and in case you wish to support will you can file will probate petition in court for w authenticated by court by way of probable proceedings Ans 3 in case of lost sale deed you can obtain certified copy from sub registrar office If will is not executed then legal heirs as provided in Hindu succession act can claim the share in property

Q: Husband's family abusing what action can I take

Sir i was married w acc to hindu religion.he is an army person..upto 1 year of marriage everything was going well but after this he and his family members started to abuse me and my family oftenly..when it became unbearable i had to escape when my second child was about to born.. Now i m living at my parental home and i hv no source of income..i hv two female child with me...plz suggest me what can i do.. I m very much afraid and hopeless...

Advocate Praveen Mahajan answered
You must file complaint under domestic violence act and claim monthly maintenance at your earliest since maintenance to you and child will be be granted by court only from Date of filing the petition there is high chances of getting the maintenance as your husband is Govt employee

Q: Receiving abusive messages from my ex boyfriend what i should do

We brokeup 2 months back , he used to send me messages to meet him . Calling late night on phone whatsapp and imo ans yesterday when he realised i won't meet him he started sending me abusive messages and called me prostitute. Can i take an action against him? And this is not the first he used such language but while in a relationship i avoided everything but now i don't want him to let go like this. Please help , if i find the answer suitable i would like to visit personally at lawyer's office to discuss in detail. Thankd

Advocate Praveen Mahajan answered
You can file the police complaint sending the obsence or abusive sms by whatever means is serious offence under the Indian Penal Code and IT Act you shall file the police complaint it will surely solve your problem

Q: Can one of the owners sell a property with joint ownership

1. How can one of the owners sell a property with joint ownership ? Can one of the owners sell it by partitioning it on its own by putting a wall and selling rest of the portion without NOC from other owner. Details for property: House 2. What is the process of issuing a will? How can genuinity or authenticity of a will be checked? In case of no will being issued who are the inherited benificaries and who can make a claim 3. What is the process to get details of ownership of a property if sale deed is lost?

Advocate Praveen Mahajan answered
Ans no 1 the joint property cannot be sold if the sales deed in joint name does not specify the share of property with clear demarcation hence safer way is to have either consent agreement for partition of property and making other joint owner as confirming party to sale deed rest of advice can be provided after perusing the original joint sale deed to find legal way since the proposed buyer will not be much interested to buy property in joint name without consent of other party however if proposed buyer is ready to buy on as is where basis then legal way to execute sale deed for portion of property can be explored Ans 2 will can be either registered will with sub registrar office in case will is registered the certified copy can be obtained after filing death certificate of person making the will or if will is unregistered will and you want to challenge the will you can file petition to declare will as null and void and in case you wish to support will you can file will probate petition in court for w authenticated by court by way of probable proceedings Ans 3 in case of lost sale deed you can obtain certified copy from sub registrar office If will is not executed then legal heirs as provided in Hindu succession act can claim the share in property