Advocate Rajashekhar Kanavi

Questions Answered by Advocate Rajashekhar Kanavi

Q: child custody if husband in USA

My husband is abusing me verbally and emotionally since wedding. I have 6yr old son, who is with my parents since birth as i was busy studying in USA. I am a doctor, he always threatens me that he will take my son away from me. My husband has anger management issues. He blames me for every small issue and asks for divorce. we had register marriage as well . right now me and my son are in India for vacation. In case we decide to get separated who will get the child custody. Please help.

Advocate Rajashekhar Kanavi answered
You as mother has first preference... and till child is 7 year old mother is the natural guardian...later both father and mother can get custody under the Guardian & Ward of child Act by filing petition for same... but Hon'ble Courts decide on the issue ...keeping in mind the future of the child and grant custody for its growth and benefit ...either single or joint sharing or can make some other relative as guardian...and worst cases to see that child is not deprived...grant custody to itself or any third responsible Govt. agencies....so that child does not suffer orphaned growth....

Q: The right to claim ancestral property according to Hindu law

Hindu law ancestral land claim by girls My father has two brothers one elder and one younger and a younger sister.Both yonger brother and sister are unmarried and Don't have their own children.elder brother has two unmarried major sons.we are two unmarried major daughters to our father.they(father uncles and aunts) inherited ancestral land and divided and registered their portions to their individual names.now the unmarried brother and sister(both> 57yrs) are saying they'll give their portions to their nephews only and not us bcoz we are girls.can they do that?write a will its ancestral land not self acquired

Advocate Rajashekhar Kanavi answered
No they cannot...pursuant of quashing Sec 6A by Hon'ble Supreme Court ...and present amendments ... you as now girls stand equal at par with boys in the family n your birth...and you are at liberty to get your rights and share Under the Indian Succession Act as amended up to date...

Q: Clarification on child custody of a daughter

My wife left during delivery she is not willing to come she left one daughter with me she is with me she is 4.2 yr old last year from may my elder daughter is with me .she never asked about her and no contact.i want to file divorce.what is the possiblity of getting custody of child.also if they file 498 A how difficult is to get bail

Advocate Rajashekhar Kanavi answered
What are the reasons fr filing divorce case..Though a child has to be in custody of Mother during nurturing age till 7 years. .Honble courts can grant custody of child to fathers .. if mom is not okay. .

Q: Procedure to apply for the contested divorce

 I was married 2013 and I have one child. I want to apply for divorce but I don't have any proof to apply. What can I do now

Advocate Rajashekhar Kanavi answered
Question not clear..divorce and child 2 different issues. . If husband is harassing then give Domestic violence case. Then proof of marriage will hav to be provided by husband side. . Don't make child suffer unnecessarily and you require enough grounds fr divorce. .which will not be granted just like that

Q: Procedure in case the other party is not executing the court order

It is a suit for redemption of mortgage. High court directed the mortgagor to redeem the mortgage and to execute a discharge deed within 30 days from the date of order. The mortgagee was directed to pay to mortgagor Rs.60,000/-. The mortgagee sent cheque for rs.60,000/- along with covering letter informing the mortgagor to execute discharge deed. The postman went 12 times to serve the letter, but in vain. Whether civil contempt petition can be filed for non-compliance of High court order.

Advocate Rajashekhar Kanavi answered
1.Mortgagee has done his duty and complied directions by issuing cheque showing bona-fide redemption he had sought.. 2. Post Man has gone to place 12 times..but failed to deliver. 3. If the address sent was on purposefully wrong. .then liable fr vindictive behavior and amount to criminal contemptuous act. 4. If bona-fide non availability of correct address then it's non contempt as there was no intension to disobey. . Kanavi