Advocate Rajaganapathy

Questions Answered by Advocate Rajaganapathy (100+ answers)

Q: Can I divorce my wife after 2 months based on an unconsummated marriage ?

Sir/Madam, I was recently married in the Church two months back. Two weeks after marriage, I returned abroad where I am doing my research. The girl had consistently shown disinterest in the marriage. She denied intimacy and did not even allow to put hands on her shoulders during the marriage. She even refused to sit near me. Later She was talking about her lovable male friends during the first night. Now that she is not interested in applying for the VISA to the country in which I am working. All of this has led me to believe that she is into another relationship and is playing around with my life. I want to file for divorce base on unconsummated marriage. what is the law regarding unconsummated marriage divorce ? Can someone please give some proper advise.

Advocate Rajaganapathy answered
The court should get convinced to admit your petition. You may have to substantiate with strong legally admissible and relevant evidence to get out of this relationship. Therefore keep strong grounds to fight this battle.

Q: How to recover the jewellery from husband in case of divorce proceedings

I filed an FIR against my husband, but he has since been granted bail. I would like to retrieve my jewelry, personal belongings, and the amount of money that is currently under his custody. I am a bit clueless about how to proceed further in this case. Could you please provide guidance on the next steps I should take? how to recover the jewellery from husband in case of divorce proceedings?

Advocate Rajaganapathy answered
Hi,You can file a DV petition before jurisdictional magistrate to pet an order to get back your stridhana. It is well within the powers of magistrate to order the return of your stridhana. Call me in case of clarification.

Q: Who gets the child custody after father's death?

A friend of mine committed suicide due to personal problems, and before he died he had called his mom and told that he was coming home (from a relative's house) because his wife was causing trouble like she did sometime back. Apparently, now his family has come to know that this girl has been having illegal affairs and she wants to marry that guy now. They had two kids (7 years old boy and 3 years old girl) whom she wants to take with her for the property of my deceased friend. The kids have been brought up by my friend's parents so far and this girl hits the children and scares them if they are not with her. Who can have the kids in this situation? She doesn't have the financial status or anything to take care of the kids. The kids will grow safe and healthy and get good education with the grandparents. Is there any way to save the children? Hindu family, what is the law for guardianship of a child in case of parents death india ?

Advocate Rajaganapathy answered
All circumstances leading to interest and welfare of the children shall be the sole criterion to determine the custody of the wards.If grandparents can establish such circumstances favourable to them , then they shall be awarded the custody.

Q: Right of a married daughter on the property of the mother

Registered property belongs to mother, if possible for married daughter to get share from mother?

Advocate Rajaganapathy answered
It shall be construed as her stridhana and she is vested with unfettered rights to bequeath the property according to her wish. Her absolute right over the property.

Q: Can a mother sell his son inherited property or write a will

Hello. My unmarried uncle (a Hindu) died suddenly without leaving a will. He had self earned properties. He left behind his widowed mother, 4 brothers and a sister. Now who will be the legal heir to inherit his properties? If his mother is the legal heir can she sell or write a will regarding the inherited properties?

Advocate Rajaganapathy answered
As per S.8(a) of the Act, it is the mother who inherits the property of her deceased son; She is competent to bequeath the property through a Will or through any other registered instrument and it becomes valid in the eyes of law.