Advocate Srinivas B

Questions Answered by Advocate Srinivas B

Q: Second marriage after ex parte divorce

Have got ex-parte divorce 7 months back, can i marry after ex parte divorce, if I get married now, do I need to face anything from the law or can go ahead with marriage?

Advocate Srinivas B answered
Dear,As per the Sec 28(4) of Hindu Marriage Act lays down that an appeal has to be filed within 90 days of the date of the decree. At the same time, you should not have married again(i.e., your second marriage) within 90 days of the period from the date of decree of divorce, etc. So, depending on these detail facts, which you have provided, the fate of the ex parte decree of divorce and your second marriage will not get effected.

Q: Police not filing complaint in case of cheque bounce

I Have gave the money to third party for the Business Purpose but the concern is they are not returning the amount even they are not responding to the calls. So i deposited the cheque for the amount which i should get but it was bounced due to insufficient funds then i approached the local Police Station but they are not taking complaint.

Advocate Srinivas B answered
Dear Sir,After cheque bounce, immediately you need to send legal notice to party with 15 days due for replying to you notice and on or before 45 days from cheque bounce you need to file a private complaint before Hon'ble Magistrate of your jurisdiction.

Q: Defendant not producing property papers and counter

We will submit orignal suit and we sent the notice to the defendent,and the defendent advocate submit vakalath in my suit but the defendent advocate did not produce property documents and counter also , 90 days are over now automatically will be granted in this suit but honorable judge is giving more time to the difindent advocate what i can do for expert degree??

Advocate Srinivas B answered
Dear Sir,This is to inform you that, Court has some procedural rules. Court follows that procedural rules strictly, In your case, Defendant can be forfeited by the court in the next hearing or he can get last chance on cost and after forfeited court will ask you to submit your evidence. Ask you Legal Counsel, he will suggest you

Q: Is it possible to speed up the process of mutual divorce

My girl fried hindu married 2 years back and he is not good he always beat her and his family also torture her and after marriage within 6 months she came back to her home and now he applied for divorce telling all false statements on her and no proofs for that and what to do now her parents also scolding her everytime.they are separated almost more than 1 and half year and can I marry her now or wait till Divorce her parents not bothering about the case he already applied for divorce can she approch and get divorce directly plz suggestions is there any problem if I marry her now she can't bare her parents torture or any suggestions

Advocate Srinivas B answered
Dear Mr,Firstly you can't marry her without Divorce from First Marriage. Ask her to discuss with her husband and do settlement out of the court and submit that compromise documents in the court for Divorce. Because, he already filed a Divorce, now it can't be convert that into mutual Consent Divorce. If you want to amend the Divorce Petition to Mutual Divorce, Court has to direct to convert the Divorce to Mutual. Consult, any Advocate he will suggest you or contact me.

Q: Wife asking for divorce and demanding unreasonable amount as alimony

IAM govt employee IAM earning Rs 50000 right now we have no child my wife wants diverce from me so they are demanding 12lacks for whole life compancation so I am also ready for that but some Advacate saying they are takes 12 lacks and diverce come after again they will goes court and put case for maintenance so now what I Will do now my marriage on2008 if am not given this amount they are blockmail me they put case s like DVC ,archment, extra dowri like cases so please help me sir they are very crual minded so please give advice me please tell me sir right solution for me please please

Advocate Srinivas B answered
Dear Sir,In your question, you have not provided full details about your marriage and the time period.Convenience your wife for Mutual Divorce and file a mutual Divorce Petition and for Maintenance, Convenience for one time alimony and prepare MOU for the same and get registered the Document, and file the same before the Hon’ble Court of Mutual Divorce by stating that, the alimony issue has been solved between the Parties by one time settlement alimony MOU agreement.