Advocate Shiva Kumar Biradar

Questions Answered by Advocate Shiva Kumar Biradar (25+ answers)

Q: My wife has been away from me and stays with her parents for the past 5 months, how to send legal no

My wife has been away from me and stays with her parents for the past 5 months. She has been putting false allegations like we did not take care of her properly and my father misbehaved with her who treated her as his own daughter. She and her parents are trying to fabricate many things and putting false allegation on us. Since I don't want this issue to become worse i accepted to come to their place by applying transfer and stay with my wife. But still my wife is creating problems and bullying me and abusing my parents. I wanted to send a legal notice to wife stating that I wanted to live with my wife. But I wanted to know what kind of reaction I will get after sending a legal notice. Will they file a complaint against me in 498a or any other kind of issue would araise? I am a hindu who got married a year back

Advocate Shiva Kumar Biradar answered
Sending proper legal notice will save you from false cases against you. Contents of the legal notice is important. After sending proper legal notice, even if they file 498A case it will not stand. Further you have to take steps in order to live with your wife instead of keeping quiet. She might accept you..

Q: Property Division, lawyer not responding Sec 151- U/O21R18 Hindu

My dad constructed a house using his retirement funds and some funds from his ancestral property sale. My brother filed a civil case in 2015 to claim inheritance rights when my father told us he wrote a Will to divide into 4 portions (father, mother, brother and myself). The Senior Citizens Act could not resolve the issue and my father passed away in 2018 fighting the civil case. The verdict thereafter was to divide between my mother, brother and myself. My mother has been living with me in Canada since she feels unsafe to live with my brother and his family. After the verdict In 2019, my mom decided to transfer her share to me. I paid advocate fees plus advance requesting property division through court. Since last 10 months, the advocate is not responding to Whatsapp messages or phone. I googled and figured tracking case status online which has been saying "Notice" or "Steps" since last few months. Not sure what this means. Any advice for our situation would be helpful.Thank you

Advocate Shiva Kumar Biradar answered
The case is not being fallowed up regularly. The Procedures in the case are not being complied. The case is idle. The procedures have to be complied so that, your case will be taken forward. Regards

Q: Hindu Non consumated marriage since three years

My son married in 2017 was not consumated till date staying seperately ever since in the same city tried rapprochement but in vein. Nor agreeing for mutual consent please advise

Advocate Shiva Kumar Biradar answered
If the husband and wife are living separately since last three years. On that ground itself divorce can be filed before appropriate court. If either of them don't agree for mutual divorce, then one of them can approach court for divorce.

Q: Hai...Sir one of my friend wife false cases filed in dowry añd dv cases... she's also working teach

Hai...Sir one of my friend wife false cases filed in dowry añd dv cases... she's also working teacher in government school...all case file are false matter in to 250 gram gold rober and extr dowry iñ 5 lack amount, with 120 gram gold give...quarl many more time ,beat the parents...so many bleming...in this condition we how to file defence case t wife.... which prof are required.... please tell me details in defence case file.... thank you

Advocate Shiva Kumar Biradar answered
the defence dowry, cruelty, robbery and DV cases depends upon the case to case basis..it needs thorough counselling for preparation of defence and collection of evidences..So your friend needs to approach advocate and undergo thorough counselling and proper conduct of the criminal cases

Q: Marriage Problem questions queries ......

Problem related to marriage.I m IT professional, and married since 3yr.My husband continuously asking for money, car, etc. He want me to transfer my whole salary to his account.Since marriage I am spending on all expenses related to me, household groceries except rent which he is paying.He threatens me if I won't transfer money he will give me divorce.Also he abuses my parents and youger sisters.He stop communication for 1year coz of money matters.I do not want divorce. If he send me divorce notice how to handle this?

Advocate Shiva Kumar Biradar answered
you need to challenge the divorce petition...it is better to file 498A with dowry and DV cases against him as he is torturing you for Money and threatening you that he will go for divorce..these filings will be helpful to you and also in challenging the divorce if he goes for divorce