Advocate Soham Desai

Questions Answered by Advocate Soham Desai

Q: Problem in changing last name and surname of child after re-marriage

I've been facing challenges in changing my child's name following my second marriage, as the child is from my first marriage. Despite having completed the child adoption process and the gagatte procedure, the school refuses to recognise the new name, insisting on a birth certificate for the change. However, it seems impossible to alter the name on the birth certificate. I'm uncertain if there's any legal process in India that allows my child to take on my identity after my second marriage.

Advocate Soham Desai answered
You need to seek a relief under the civil law for the first amendment/change in your son's name. His foster father may be given the right to attach his name. However if you're changing it the second time for other reasons, gazette notification is not sufficient to being such changes. And the same requires to invite a civil court order, depending on how the facts are coming into the play. Meet with all your previous changes papers, facts and relevant documents, so that an accurate advice can be given. Feel free to connect. Meetings are subject to appointment and availability.

Q: Alimony | Divorce-Matrimonial Case

We are Hindu family. No Kids. Wife has self bought 1 BHK house in Mumbai Suburbs on EMI-Own Asset. Earns through Rent from Mumbai House. Works at global company and earns in double digit 7 Figure Salary. Her father has 2 houses and 5 retail shops in hometown. Que 1 After having own assets and earning potential- can my wife still claim alimony? Question 2: Myself & Father are financing a house- We have receipts/transaction details- Can she claim right on the house.?

Advocate Soham Desai answered
The laws of India are almost always in favour of the weak: the workers, the taxpayers and the females. No surprise that though your spouse and her father has good earning potential, you'll still be subjected to maintain her and thus become legally liable to pay for maintenance. Regarding Alimony of permanent nature, you need to bring all facts in writing, with proofs and then ask for relief from the court so that the minimum amount remains po payable. Here, the laws are favouring the females, yet there are some good Supreme Court judgements that may go in husband's favour, as the case maybe, due to facts if each case. Answer to second question is three fold, fact based approach. If it's Hindu Undivided Family, the father/karta may fund the house though in son's name and upon divorce, the karta holding the house is not liable to split the same. If it's non HUF scenario, father's funding and source of income must be proven to the satisfaction of the court and there are 50-50% chance of splitting the property with the separating spouse. Thirdly, in the absence of your father, she may claim her part of succession, since the property has your funding as well as the father. Therefore, it is highly advisable to get your paperwork proper, regarding any self acquired joint property to safeguard your future interests. The entire scenery gets twisted if you have child out of such marriage and you haven't asked in the question. Feel free to connect for appointment meeting.

Q: Separated for 6 Years due to Domestic violence, Now need divorce

I have been separated from my husband since last 6 years and the reason being his cruelty - (mental and physical abuse ) and his family's mental abuse along with continuous demand of money or car from my parents in form of taunts. I filed FIR on above reasons but case never proceeded. I have a child of 7 years and has been with me . I need to file divorce to get rid but Husband has been in no contact since last 6 years and probably not in country even . What are my options?

Advocate Soham Desai answered
You may send a legal notice to his known addresses. You may file a fresh police complaint against him for different abuses you have faced allegedly. If you have his current and accurate address, then you may also file court case for money payment towards your daughter's maintenance. You must have his current address and realistic idea of his annual income, if you want to file a divorce case successfully. Feel free to connect with appointment for further discussion.

Q: Final Statements of more than one accused or order of conviction

is it right that the court will no give order if all accused are not present?

Advocate Soham Desai answered
Read CrPC and you'll be able to trace the reason for such situation. Criminal Jurisprudence in India, has a beautiful reasoning to justify the same, which is very famous statement that any accused is innocent until proven guilty. So if a co-accused does not appear in the Court for hearing of offence registered against him, he cannot defend himself. In certain scenario, the Hon'ble Court may use its own discretion to let the circumstances be a part of the said transaction. The Court when deciding the final verdict, takes every such scenario into consideration and relevant facts if applicable, may give rise to such situation where the Order/Judgment may be reserved and not pronounced. There are multiple case laws as well, which are available freely in public domain, through various official websites of the Courts. Since you're looking for free of cost legal assistance, feel free to visit them. For professional services and expertise, hire an Advocate. Thanks for reaching out.

Q: Family property issue require advice on need of litigation

Joint family property having name of one owner only in Documents of share certificateReceived notice almost 2.5yrs back and also answered once need to assess requirements of litigation within 3 yrs

Advocate Soham Desai answered
Your query is lacking vital information and relevant facts. Please bring accurate information in specific words. This doesn't explain the full scenario. You may visit with papers and relevant facts for further discussion. Feel free to connect.