Advocate Sudha Mane

Questions Answered by Advocate Sudha Mane

Q: Is it compulsory to change surname after marriage ?

I have been married for 6 months....it was an arrange marriage and we have not applied for marriage certificate yet.....I don't want to use my husbands name...what shoud i do??? is it mandatory to change surname after marriage ?

Advocate Sudha Mane answered
HelloWomen / Men are free to use any name they want. India is a democratic country and what name a person should use is his / her fundamental right. No law / person can take that away. Changing your name / surname post marriage therefore, is a personal choice. It is customary. Not legally binding.If you choose to change your name / surname post marriage, you have to make an affidavit and the changed name is published in the official gazette of the state government. Likewise, you have to change all of your documents individually (if you already have them.) Your PAN card, driving license, bank documents, passport, every other government document, individually. to make such changes you will have to give a copy of the gazette / affidavit and marriage registration certificate.Regards Adv. Sudha Mane

Q: Can i get marriage certificate from another state in india ?

hello Me and my wife stay in Mumbai and got married earlier this year in other state, Is it possible to apply for marriage certificate in Mumbai. can marriage be registered anywhere in india ?

Advocate Sudha Mane answered
Hello sirGreetings of the day.As per your query the answer is yes you can apply for the registration in Mumbai even though you got married in another state. You can contact me personally to know the entire process.RegardsAdv. Sudha Mane

Q: Termination of a marriage that was never lived or consummated

A woman of age 27 got me into a relationship with her when I was just 19 years old. I have always been carried away easily by her emotional talks. We were dating for few years and her mother passed away. In about a month after her mother's demise, she got me into a marriage with her, in the grief of her mother's untimely demise. We had a court marriage, without anyone knowing about it, except the witnesses. The very next day after this court marriage, I told her clearly that the marriage was a mistake and it does not mean anything at all. Also, the marriage was never lived in reality. We never have lived under the same roof, nor have been man and wife socially ever. Also, the marriage was never consummated. It has been roughly 8 years to this marriage and we have never lived together in the same home as couples nor has the marriage ever consummated (she never agreed for an intercourse). I am 33 years old now and want to get free of this legally. Please advise.

Advocate Sudha Mane answered
As you have mentioned that you were in relationship with the same women before marriage , the basic question arise is that what kind of relation ship was that?? secondly you got married after dating for few years so what is the exactly you want to say. you want to take the divorce because the marriage is not consummated or you want to file the divorce because it was a mistake????Now regarding divorce you can file divorce under mutual consent if both are willing to take divorce and end this relation amicably and with allegation on each side. All your differences and demands have to settled before filling the divorce petition .if the opposite party is unwilling to give divorce than you can file on petition and fight for it.

Q: How to transfer entire house on my name ?

Hello, Greetings. I bought a property resale flat on Loan 3 years back. While buying the property I added my mother's name in the registered sale deed agreement. So Mother is the primary owner and me as Co-Owner. Entire contribution for buying the flat towards down payment and loan till date is being done by me. EMI is being paid by me. My mom wants to transfer the ownership back to me as we foresee some problems that may arise in future by siblings, please suggest the solution to execute the 100% ownership back to me.

Advocate Sudha Mane answered
HelloGreetings of the dayYour mother can gift her 50% share to you. And the said gift deed should be registered in the sub registrar office. If the property is in Maharashtra then youcan pay 200 RS as stamp duty and registration charges .

Q: Wife had diabetes before marriage, hidden this fact now wants divorce

I am a hindu person and my marriage took place on May 2017. After one n half month i came to know that my wife has diabetes (type 1 sugar) and she's taking insulin injections. Her doctor said her sugar level is just Increased n she will become normal after 2 months. But after 2 months period she's still taking insulin injections n now she's taking tablets on nerv system. Her behavior is also became weird n angry. I can't tolerate her now and my family members are frustrating because of her behavior. Our family doctor said she may had diabetes before marriage. So my question is.... Can I file for divorce as 6 months are completing to my marriage?

Advocate Sudha Mane answered
yes you can file for divorce under mutual consent. Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage. They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce, there is differences in their temperament and is impossible to live together as a husband and wife.