Advocate Sudharsan K

Questions Answered by Advocate Sudharsan K

Q: First marriage is it possible to find?

during college days I made a register marriage with my girlfriend, in christian marriage act due to family her situation she got married to another guy. I am not married so far. They are seeing alliance for me, I know if I marry another girl it is void, I dont want to get divorce from the girl I lost contact with her. Can anybody find my previous marriage unless I explicitly tell about my previous marriage? is it possible to find during registration of the second marriage?

Advocate Sudharsan K answered
Your earlier marriage, if validly solemnized under the Indian Divorce Act, 1869, continues to be legally binding unless dissolved by a court, and any second marriage during its subsistence will be void and may attract bigamy consequences; it is not safe to assume the first marriage will remain undiscovered, as records exist and issues may arise later during disputes or verification. The proper legal course is to file a divorce petition, and if your spouse’s whereabouts are unknown, you can seek substituted service through newspaper publication, after showing genuine efforts to trace her; if she still does not appear, the court can proceed ex parte and grant a decree of divorce, after which alone you can legally remarry without risk.

Q: HMOP in family court, DVC in other court for maintenance

Adult son and daughter both are studying, whether my wife can file petition to claim maintenance in favor of my children in DVC case. my wife is earning member adult son is doing part time job and studying abroad. son is 24yrs and daughter is 22 yrs old.

Advocate Sudharsan K answered
Under the Protection of Women from Domestic Violence Act, 2005, maintenance for children is generally limited to dependents; since your son (24) and daughter (22) are majors, your wife cannot ordinarily claim maintenance for them, especially when the son is earning part-time and studying abroad. However, an unmarried daughter may still seek limited maintenance if she proves genuine dependency and inability to maintain herself. The fact that your wife is earning also weakens the claim, though the court may still consider overall financial disparity. Overall, maintenance for the major son is not maintainable, while for the daughter it is conditional and fact-dependent.

Q: Is the amount offered in mutual divorce good or bad?

I'm 41 and no kids married in 2014 n seperared in 2021, I earn 2L after tax salary, my wife s homemaker, I have 35L in mutual fund she hasn't contributed. I bought a property in 2016 worth 3cr, none lived there i hv given on rent. After my wife filed cases I transfered the property to my mother as gift deed. I'm asking mutual divorce n ready to Pay 20L but she is telling you are offering less as ur not considering 3cr property. In courts she feels she will get min 40L and max 90L.

Advocate Sudharsan K answered
In your case, the wife is not automatically entitled to a share in your self-acquired property, especially when it was purchased from your own income and she has not contributed financially. However, courts do consider overall financial capacity, lifestyle, duration of marriage, and future security while deciding permanent alimony.The transfer of property to your mother after initiation of disputes may be questioned by the court if it appears to be done to defeat her claims. If challenged, the court can examine the genuineness of that transaction.Since there are no children and your marriage duration is moderate (2014–2021), alimony is generally based on your income and assets. With an income of around ₹2 lakh per month, courts may consider a reasonable one-time settlement typically ranging between 20%–30% of your net worth or a multiple of your annual income, depending on facts.Her expectation of ₹40L–₹90L is not guaranteed—it is only a claim. Court awards vary widely. Your offer of ₹20L may be on the lower side considering your disclosed assets, but it is still a matter of negotiation.If you want to avoid prolonged litigation, try to reach a mutually agreeable settlement. Otherwise, you can contest the matter and let the court decide based on evidence.

Q: Name spelling correction of bride in marriage certificate

I have done my marriage registration from Chennai. They have used the bride's marksheet as the primary document for putting name in registration certificate. The problem is that in marksheet, the name is misspelt. Whereas in her adhar card, voter card and pan card , it is correctly spelt. I gave her adhar, voter and pan cards to registration office for putting correct name spelling. But they are not accepting those documents. So how to correct the name spelling in marriage certificate ?

Advocate Sudharsan K answered
Apply for Correction before the Registrar Submit a written application to the concerned Sub-Registrar explaining the error. Attach:Copy of marriage certificateAadhaar, PAN, Voter ID (showing correct spelling)Affidavit stating correct name and that both refer to the same personSome registrars allow correction under clerical error provisions if satisfied.

Q: Regarding maintenance case and divorce case as per christian marge

Husbnd nd mil was always psychic towards me,dominant nd gave me mental and physical abuse,after Rcr compromise i bcom prgnt,pregnancy he was compelling me to abort d baby,so I returned to my parental home,he came on baby's birth only.it's been 2 yrs,he stopped financialy and blocked communication 4 nearly 1.5yrs.he sends mutual divc notice,i denied & i filed MC case,he failed to attend so now it's been on mc expartee,but he filed divorce case with fully false allegations on me.!

Advocate Sudharsan K answered
From the facts stated, you appear to have remedies under the Protection of Women from Domestic Violence Act for residence, protection, maintenance, compensation and child-related reliefs. Since your husband has allegedly stopped financial support and filed divorce with false allegations, immediately contest the divorce case by filing a detailed counter along with supporting records such as messages, medical documents, pregnancy-related proof, child expenses, notice copies, and prior case documents. In the maintenance case, take steps to enforce the ex parte order or seek early disposal/execution. You may also seek interim maintenance for yourself and child if not already granted.