Advocate Vasavi Sridevi Sivanandam

Questions Answered by Advocate Vasavi Sridevi Sivanandam

Q: Because of fight and characters not working out, like to file divorce.

I have married two years back. We are having one year boy child. And for myself and my wife having fight for everything from the first month of our marriage. Our characters are not set with each other. We are decided to live separately. I want to file a divorce now. Could you please help me on this.

Advocate Vasavi Sridevi Sivanandam answered
First ask your wife whether she is also ready to file a complaint. If she is ready you could file for divorce under mutual consent. If she is not ready you can file a divorce petition on the ground of cruelty or desertion. But you must consider that the courts will grant divorce only on the grounds of cruelty or any other enumerated grounds. Not on the incomparablity or daily quarrels which are considered as ordinary wear and tear of the family life. If you file a divorce petition and if your wife choose to contest the same it might go on for years.

Q: Annulment with mutual consent without impotency as reason

My spouse and I haven't consummated the wedding. I don't know for sure if he is impotent. But I do know that he is not emotionally mature to start a life with me. I could proceed with annulment but he won't consent if it is tarnishing his image badly. What other grounds can I provide the court instead of impotency? If annulment is mutual, would court process it with just "lack of attraction" as a reason?

Advocate Vasavi Sridevi Sivanandam answered
If you claim that the marriage was forced and you were married under coercion with out full consent, you could file a case to declare the marriage a.null and void. Lack of attraction is not a ground. The annulment or divorce would be granted only on the specific grounds enumerated in the Act.

Q: Verbal and physical abuse.. Threatening to sign to transfer property..

Verbal abusing and now started physical abuse.. I want to warn him because by aged parents doesn't want legal separation due to seven years daughter of mine.. Now I need advice is there any possibility that I can warm him through police station without filing legal complaint.. Because of verbal abuse for eight years .. I can't tolerate his behaviour need some advice how can I warn him. Thank u..

Advocate Vasavi Sridevi Sivanandam answered
If your aim is to warn him, then you can approach the local police station and file a complaint. They would call him and warn him. Or else you could file a DV complaint before the protection officer against him. It would also have same effect.

Q: how do I check the case has been withdrawn

Police filed charge sheet against me, till now I did not get the summons notice from court even after 2months of submitting charge sheet, how do I check the case has been withdrawn or need to appear before the court.

Advocate Vasavi Sridevi Sivanandam answered
Last hearing the court would have told you the next hearing date. After charge sheet there will be trial . If you know the case number you can check the status of the case through ecourts website and the app.

Q: How to respond back to father who filed for legal custody for child

Currently mother holding custody of a child in well manner but father falsely accuse mother to claim child custody. But mother of child wants to file sole custody and boy child is 7 yrs old

Advocate Vasavi Sridevi Sivanandam answered
if the husband initiated any court proceeding in this regard. if so, the wife can conduct the case and file her version and ask for dole custody with permitted visitation right to the father. if not, she herself file a new case for custody of the child. There is no hard and fast rules in child custody cases. The court will look for the welfare of the child so if she could prove to the court that she is a fit and better parent she would get the custody of the chile