Advocate Vaibhav Prakash Patankar

Questions Answered by Advocate Vaibhav Prakash Patankar

Q: Can I marry the buy I love if I am already married

May i marry with my boyfriend but m married and i did not make any phy.contact with my husband becoz i married on choice of parents but i am not happy and want to get marry with my love

Advocate Vaibhav Prakash Patankar answered
No. You cannot marry with another person subsisting one marriage i.e. when one marriage is in force. It may attract the penal provisions under the Indian Penal Code 1860. If you are not happy with your spouse then you may take the recourse of personal Law of the religion you belonged to.

Q: What is the procedure for divorce

Cheated by own uncle and got married, to an married with son, now after separation of 3 years need divorce with 4 year kid. kindly inform the procedure to follow.

Advocate Vaibhav Prakash Patankar answered
The procedure of divorce i.e. dissolution of marriage and Law under which the dissolution of marriage is sought differs from one religion to other. Please specify your religion for further legal advise.

Q: Wife not obeying her responsibilities what to do

I am Amit Kokare,a hindu. We got married 5 years back, and we have 4 years daughter. I'm engg in reputed Ltd company. My wife is BAMS,and she is house wife, she like stay ideal. My problem is my wife is not taking/responding to her role and responsibilities. From last five years i am cleaning toilet/bathroom, cleaning my own cloths on Sunday to Sunday, cleaning floor 1 bhk on holoday, keeping house neat and clean. When i insist or force her to above work, every time she give reason of not feeling well. Kitchen is always with bad Oder. House is always dirty, and when i ask for work she always says me that she will go to her fathers home. Also insisted her to look for maid, though my salary is less. So that house environment will happy and healthy. But she even didn't this. Even after many request time to time,she is not changing her nature. Because of her nature, I have lost my parents too. All the above thing I have shared with her parent too.

Advocate Vaibhav Prakash Patankar answered
At the outset it is responsibility of both husband and wife to do house chores and no one is exception to it. Before taking any action under Hindu Marriage Act, 1955 for dissolution of marriage and if anything like that is passing in your mind you both can go to any Councillor and try to resolve the disputes else the remedy available to you to file Marriage Petition in competent Civil Court for dissolution of marriage on the ground of cruelty thereby setting up various incidences which would amount to cruelty to you by your wife.

Q: I do not want to divorce my husband what to do

Hi there, My husband abandoned my kids and me in Australia for 3 years now. I have tried very hard trying to talk to him but he wants a divorce. We were married in India for 15 years before he abandoned. I don't want to divorce him but the emotional abuse and harassment for money is unbearable. I know that if he files for divorce in Aus it will be processesd. Can I stop/hold the divorce in India?

Advocate Vaibhav Prakash Patankar answered
In India if he files any matrimonial proceedings in Family Court or any competent Civil Court for dissolution of marriage then summons will be issued to you by the concerned court and upon issuing summons and upon receiving it by you, you can appear and file written statement in answer to his marriage petition and oppose the same on the grounds/material facts available with you.

Q: What to do if I won the case in district court

We have won the case regarding socity open land in nager bumapan adhikari thane for getting possession wheter we have to file case in district court or i can directil file acase in mumbai high court

Advocate Vaibhav Prakash Patankar answered
It appears from the query raised that concerned authority has passed order in favor of you and thus question of filing any further proceedings does not arise; at the most you can file caveat in the higher authority where the decision of Nagar Bhumapan Adhikari (City Survey Officer) could be challenge. The Caveat can be filed by Lawyer on your behalf so no higher authority would pass any interim order before giving you an opportunity of being heard.