Advocate Shashikumar K

Questions Answered by Advocate Shashikumar K

Q: Wife Cheated on Husband and Left the Matrimony House

My wife left the matrimonial home without any provocation or preceding issue. In doing so, she willingly left behind our 5-month-old newborn and our 6-year-old daughter in the sole care of mine (husband), demonstrating a lack of affection and responsibility towards her own children. She had left the matrimonial house on multiple occasions in the past. Upon investigation - I found she was talking with one of her old male friend and hiding the call details. Now i want send a legal notice.

Advocate Shashikumar K answered
As per the facts of your case, if you want your wife to return and resume cohabitation with you, you may issue a legal notice seeking Restitution of Conjugal Rights. Alternatively, if you wish to seek divorce from your wife, you may issue a legal notice seeking divorce.However, issuing a legal notice is not mandatory for either a petition for Restitution of Conjugal Rights or a divorce petition. You may directly file the appropriate petition before the competent court without issuing a legal notice.For filing the petition and obtaining further legal advice, you may contact me.K. ShashikumarAdvocateBengaluru

Q: 8 ತಿಂಗಳ ಹಿಂದೆ ನನಗೆ affairs ಇತ್ತು, adakke ಸಂಬಂಧ ಪಟ್ಟ ಕಾಲ್ records ಅವರ

8 ತಿಂಗಳ ಹಿಂದೆ ನನಗೆ affairs ಇತ್ತು, adakke ಸಂಬಂಧ ಪಟ್ಟ ಕಾಲ್ records ಅವರ ಬಳಿ ಇದೆ, ಈಗ ನನಗೆ ಮಕ್ಕಳ custody ಸಿಗುತ್ತಾ

Advocate Shashikumar K answered
Yes. In India, a spouse who is having an affair can still be awarded child custody. An affair by itself does not automatically disqualify a parent from custody.The court’s main consideration is the welfare and best interests of the child. Under Section 13 of the Hindu Minority and Guardianship Act, the child’s welfare is the paramount consideration. The Delhi High Court specifically held in Vineet Gupta v. Mukta Aggarwal (2024) that being an “adulterous spouse” does not mean being an “incompetent parent.” An extramarital affair cannot, by itself, be the reason to deny custody unless the relationship is shown to be harmful or detrimental to the child’s welfare. When the affair could become importantThe court may consider it seriously if you can show that the affair:exposes the child to an unsafe or inappropriate environment;negatively affects the child's emotional or psychological wellbeing;involves neglect of the child;involves an abusive or dangerous person;causes the parent to be unable to properly care for the child; orotherwise demonstrates that custody with that parent would not be in the child's best interests.So, “my spouse is having an affair” alone is generally not enough. Evidence that the affair is actually affecting the child can be much more significant.If you tell me whether you are the husband or wife, the child's age, whether you are Hindu/Muslim/Christian/etc., and whether the child currently lives with you or your spouse, I can explain how a custody court in India would likely assess your situation.

Q: Respond to divorce petition transfer

Wife has approached HC to get the divorce case transferred to her place. Please guide on below things.1. what are the steps involved if i want to object the transfer?2. How many times i will have to visit the HC?3. Within how many days/weeks/months it shall be decided?4. Do i need an experienced lawyer for this or any lawyer can do?5. What would be overall cost?

Advocate Shashikumar K answered
SirYou have engaged an advocate to defend and file objections in this case. Time will take a maximum of 6 months, you need not visit the High court, before the High court Experienced lawyers are required . cost depends on advocates.for filing objections and defending your case feel free to contact .K ShashikumarAdvocate Bangalore

Q: yestarday i got a call from one police from chitradurga

yestarday i got a call from one police from chitradurga saying theres is a court case and you have attend and later i spoke to the person for whom i have to give money and said every month ill pay and everything is okay now again today morning i got a call from same police cop from chitradurga saying i have warrant i need to attend and get advance bail and when i talk to the person i gave money she said no need any laywer just go there and give statment thats it they didnt give any case number

Advocate Shashikumar K answered
You have not clearly explained what case you are involved in, which police station is handling it, or under which law the case has been registered against you. To provide proper legal advice, please specify the police station and share the complete details of the case. Alternatively, you may contact me and explain the matter in detail so that I can offer appropriate legal guidance. For further information and legal assistance, feel free to contact me.

Q: Need help with transferring ownership to my spouse

Need help with transferring ownership of my house to spouse. Currently it is jointly held, please help

Advocate Shashikumar K answered
Hi sir As per your issues, you can transfer your ownership to your spouse, required docents are Property details, Both Adhar card and documents.for registration and other legal issues feel free to contact me.K.ShashikumarAdvocate