Advocate Sreebalaji

Questions Answered by Advocate Sreebalaji

Q: German citizen india citizen divorce

Hi. We are Hindus and one of us is German citizen and other one is Indian. We did hindu marriage ceremony but registered in Denmark as civil marriage. After marriage we live in respective countries and want to proceed for divorce. What is the procedure? Will it be HMA or SMA since registration was done in Denmark?

Advocate Sreebalaji answered
HiHowever, jurisdiction and recognition of foreign proceedings will depend upon domicile, citizenship, place of marriage and present residence of parties. It is advisable to examine the marriage certificate and other documents before deciding the proper forum and procedure.

Q: refusal by subcourt ORALLY to issue CERTIFIED COPIES of civil suit

The sub court refuses on the ground that my Advocate had collected certified copies .H ow to get certifed copies being a party to dispute ?

Advocate Sreebalaji answered
“Being a party to the suit, you are legally entitled to obtain certified copies independently. Mere earlier collection of copies by your advocate is not a valid ground for refusal. You may reapply personally, and if the Copy Section still refuses, the matter can be represented before the Presiding Officer concerned.”

Q: No response from my husband side

After few days of marriage my husband and his family didn’t responded to my calls and messages. Now I want to get divorce because my husband doesn’t liked me and his family forced him to get married. How I should proceed?

Advocate Sreebalaji answered
After few days of marriage, if your husband and his family stopped communicating and he is not willing to continue the marital relationship, first try to ascertain through elders or mediators whether there is any possibility for reconciliation. If there is no intention to continue the marriage, you may issue a legal notice seeking reunion or clarification regarding his conduct.If both parties mutually agree to separate, you can file a Mutual Consent Divorce petition after completion of the statutory period as applicable. If your husband is unwilling to cooperate and has deserted you without valid reason, you may also seek divorce on the grounds of cruelty and desertion before the Family Court having jurisdiction.

Q: Divorce application for peaceful life no alimony needed from partner

I am Nisha got married in 2014 have a girl child 10 yrs old my partner is not in a good terms with me I was fed up with his constant illegal activities with other woman but I didn’t made any issues thought he will change but he didn’t I don’t need alimony I need divorce

Advocate Sreebalaji answered
Nisha,From what you have explained, you have valid grounds to seek divorce since you have been subjected to mental cruelty due to your husband's continuous relationship with other women and his conduct after marriage.Even if you do not want alimony, you can still file for divorce and also seek custody and maintenance for your 10-year-old girl child if required.The following points will be important: • Marriage proof • Child details • Any chats, photos, call records, or witnesses regarding his illegal relationships/conduct • Details of separation or harassment faced by youIf both parties agree, Mutual Consent Divorce can be considered. Otherwise, a contested divorce petition can be filed.You may contact with documents for detailed legal consultation and further proceedings.

Q: Free allotted site 20 years back to journalist quota by govt,

After husbands death registered in wife's name,but in kootu patta,not digitised tet for individual patta,how to sell?

Advocate Sreebalaji answered
Before selling, the wife must establish her absolute right to the deceased husband's share. You will need:​Death Certificate of the husband.​Legal Heir Certificate from the Tahsildar to identify all surviving heirs (including children or the husband's mother, if applicable).​Release Deed: If there are other legal heirs, they must execute a registered Release Deed in favor of the wife to give her full selling rights.