Advocate Sandesh K C

Questions Answered by Advocate Sandesh K C (25+ answers)

Q: Non appearance in 13(b) hearing since 17 times

How can we legally transition from a failed Section 13B (Mutual) petition to a Section 13(1)(ib) (Contested) divorce based on her 7-year desertion since 2017? Since she has skipped 17 hearings and mediation failed, can we move for an Ex-Parte decree (judgment in her absence)? Additionally, how do I legally recover the marriage gifts already exchanged in the 2024 filing if she refuses to finalize the divorce? Can we use her non-appearance to dismiss her 2022 RCR case?

Advocate Sandesh K C answered
You need to withdraw the 13B Petition and filed petition under cruelty and desertion grounds, if he doesn’t appear before the court you can obtain exparte decree of divorce. Please contact if you need further assistance. Thanks. Arvind Law Associates

Q: Contested divorce in family court

I have filed for divorce in family court in bangalore. I want to get rid of my husband and want nothing to do with him in my life. He has put me under a lot of financial burden and i am paying emi. i am not even asking for alimony and he is not ready for mutual and he is not even ready to talk about the financial stress he has put me through and only talks about breaking relationship. i want to get divorce. whats the best way?

Advocate Sandesh K C answered
You have to then with grounds of divorce, contest the matter and get the divorce granted from court. You should have the evidences against him. Please contact Arvind Law Associates in Jayanagar Bengaluru.

Q: Filing for mutual contest divorce on monday

We want to go for mutual consent divorce on monday(23/3). In how many days court consider petition and registered in family court. provide the complete detials to take care in the petition.

Advocate Sandesh K C answered
You have to show minimum one year separation and there will be 6 months mandatory waiting period which judge has the discretionary power to waive off. Then matters will be refereed to mediation, where you have to settle all your disputes including Joint properties, exchange of articles, child custody, maintenance, alimony etc. Please contact Arvind Law Associates in Google for more details.

Q: Will Preparation and Registration Process

I am a Hindu aged 63 and a retired Senior Citizen. I would like to prepare a will to ensure smooth succession of my property and wealth to my wife and daughter after my time. My wealth includes property(land, flat/s), savings and fixed deposits, securities etc.,What is the process for the preparation of a registered will that is also authenticated by the courts of law in order to ensure that my first stated objective is met.

Advocate Sandesh K C answered
Hello sir, you can you can executive Bill in any of your family members or third person as long as the properties are self acquired in the way, you can include all your properties, including Movables and immovable properties as you mentioned above, please contact me if you need help in drafting the WILL and registering it. Thanks Arvind Law Associates.

Q: No details about the 1st hearing notice

I don't have my own lawyer neither I can attend the 1st hearing which I have received via the email which only states the subject without any details.Can my sister attend the 1st hearing on my behalf in the court or is it compulsory to attend the 1st hearing as I am not in situation to attend I have medical certificate,will i be still considered as expartie.Thank you.

Advocate Sandesh K C answered
Unless you represent to the court and bring it to court notice that your medical condition, court shall think you have received the summons but not responsive. Please call me for further information. Thank you ka