Advocate R. Mugundhan

Questions Answered by Advocate R. Mugundhan

Q: Divorce without mutual consent from the husband for mental torture

i and my husband belong to Hindu community married in 1991. We both are hailing from kerala but right now residing in pondicherry for more than 25 years. Within few years of my marriage i got to know he is affected by some mental problems and when referred to doctor got to know that it will reoccur and can never be cured completely. By i time i knew all these 9 yrs passed and i had 2 girl child. I was in a situation i couldn't go back and live with my parents and for my children i digested all torture he did till now. Now i'm weak mentally and physically and cant tolerate him anymore. About filling a case regarding divorse he will not give a mutual consent and he has property ancestral and which he bought on his own. How can i apply for a divorse and alimony? I dont wanna tolerate him even for a second. Can u pls help me?

Advocate R. Mugundhan answered
You can file a petition under sec.13 of Hindu Marriage Act for divorce. If his unsoundness of mind is incurable you can file divorce on that ground alone. Otherwise you can file petition for divorce on the cruelty also. You can also claim permanent alimony.

Q: I have a query regarding a show cause notice

We are living in a temple land for more than 90years, the land was given by Temple to my great grandfather during his dedicated temple work. Now temple government is cleaning and constructing new pond for Temple, they already finished some work, left the livings surrounded by it, they are putting boundary also. But some people from village file case against us to evict from that place, it's not by Temple government, some private people file case against us in high court of madras, show cause notice has came suddenly to us to evict from that place within 15days,please suggest me some good ideas to overcome this situation

Advocate R. Mugundhan answered
It is very difficult to answer without looking into the notice which you got from the court. But from what you have stated i presume that some people of your village have filed a public interest litigation and notice has been served on you. You have to file your counter affidavit.It is better to engage a counsel.

Q: Wife being harassed and abused by neighbors in my absence

Sir, I am writing from Pondicherry. I am living in Pondicherry with my wife and children. My wife is being scolded by abuse words by neighbour lady when I am out. I warned about the same but she is repeating. I want to proceed the issue legally. Please advise.

Advocate R. Mugundhan answered
Give a police complaint to the concerned police station immediately. If it is an apartment you can give a complaint to the apartment society also. Try to fix CCTV Cameras. If u need any legal assistance contact me.

Q: How to obtain maintenance from my father

My father works in a co-op sector. He is not providing for my mother and me .Is there any way we can get a part of his salary directly from his office ? Can we get a quick solution for this problem?

Advocate R. Mugundhan answered
A man is bound to maintain his wife, minor children and unmarried daughter. If he fails to do so a petition under Sec.125 of Cr.P.C. before a magistrate or family court. Wife can claim maintenance under Domestic violence act also. Approach a good lawyer in ur area and he would be able to help you.

Q: How to obtain legal heir certificate

Hi, I want to know how to obtain a legal heir certificate in  for 4 legal heirs - after the father passed away recently. The legal heirs are his wife, son and two daughters. There is a will but the terms are not to anyone's convenience. So the family wants to draw up a family agreement or settlement agreement after obtaining the LHC, in order to divide the properties and estate equitably and fairly. This is a friendly agreement and no contention between the 4 heirs. I hear conflicting procedures as to how to obtain a legal heir certificate in . Can you help clarify this? Thanks

Advocate R. Mugundhan answered
Can u clarify in which state u reside. Because for example in Pondicherry u have to approach the civil court. Whereas in Tamilnadu u can get it from the tahsildhar. If u mention ur residence I will guide u appropriately.