Advocate Rajdeep Pradhan

Questions Answered by Advocate Rajdeep Pradhan

Q: Divorce within 7 months of registry marriage

I have registered my marriage in the month of may this year. But we are not sociaaly maaried yet. Now I dont want to stay with the person anymore. How can I free myself from this marriage? If my spouse is ready for it then can we file divorce before 1 year of marriage?

Advocate Rajdeep Pradhan answered
Yes you can prefer for mutual divorce after 6 months of your marriage. Court marriage is valid and you are eligible to file mutual divorce now.

Q: Husband not showing up for hearing of mutual divorce

Divorce - Petitioner(husband) not showing up on hearing(2nd hearing) date after placing a mutual divorce petition. Please advice what could be done to get it resolved?

Advocate Rajdeep Pradhan answered
Both the parties has to appear on all dates otherwise the mutual petition will be dismissed by the Court. When such situation arises where one of the parties remain absent, it will to be deemed as divorce by contest and hence, the mutual petition shall be dismissed.

Q: I have purchased land in 2001 and someone is claiming a part of it

I have purchased in the year 2001 by 2 parties 24 decimal of land total of 48 decimal. I have done online registration 7-12 in the year 2014 for both piece of land. Now someone is claiming that his father gifted him 9 decimal of land from my purchased land in the year 1996. He has done 7-12 registration in the year 2009. I am paying land tax since 2001 for entire 48 decimal. I have got gharbari registration for land. Now how to justify this case as I guess its a conspiracy to create dispute and get some money out of it.  Can demarcation help me in this case

Advocate Rajdeep Pradhan answered
If your name is recorded in the ROR and Sale deed has been made in your favour, then it is his burden to prove his case and file suit for declaring your ROR and Sale Deed null and void. Hence, do not need to panic, and keep eyes on what steps do he take. If he files any such suit, then hire an advocate and take legal steps such as move petition for adding necessary party and thereafter file written statement, etc.

Q: Uncle threatening to take all the properties of grandfather

Hi.. My Grandparents have some house properties & fixed deposits of their own. Now they are very old & could not operate. But one of my uncle(grandparents middle son) is threatened us to take all the properties & told to bit me. Give me a proper solution.

Advocate Rajdeep Pradhan answered
This is all rubbish because he cannot do anything. After grandparents death, the property shall be divided by virtue of partition suit and so far as the movable properties are concerned (savings, fixed deposits, etc), it shall be divided as per the number of legal heirs jointly in case where there is no nominee.

Q: Name mentioned in divorce petition of livin partner is it a problem

I belongs to hindu community.I love a married girl MM who married DM.Both are agreed for mutual divorce.During filling petion DM wrote that MM live with me now.And both party live separately from 2016.Could the statement be problem for me ?How can i erase the statement ?

Advocate Rajdeep Pradhan answered
Couples living together under the same roof for a long period is presumed to be married couples. Such observations has been held by the Supreme Court while deciding a matter where Couples were in living in relationship. Hence, unless the divorce is not done, try to avoid these situations. Well the statement cannot be erased, once its being recorded before the court of law.