Advocate Vikrant V Pandey

Questions Answered by Advocate Vikrant V Pandey

Q: How to proceed further if wife not appearing in divorce case

Dear Sir, My wife of 22 years had left me four years ago after an abusive and bitter marriage and I have filed a petition for Divorce at the court on basis of cruelty and desertion. I have no knowledge of her address, whereabouts and she refuses to pick my phone calls or answer emails. Also refuses to show up in the court the last three sessions for the contested divorce proceedings. My question is --When I do not have her current address, we have no mutual friends and her relatives don't cooperate...how does court expect me to send her petition copy? If she refuses to get petition copy, what is the way ahead for the divorce to happen? Please guide me. Many thanks.

Advocate Vikrant V Pandey answered
you can serve her notice through substitute service under order.25 rule 20 civil procedure code, by way of paper publication. or affixing notice on her last known address to you. Paper publication should be done in a locality where she last known to have actually and voluntarily resided.

Q: Procedure to apply for divorce if not living together since 2 years

Sir my wife is not with me from last 2 year and 3 month. I want divorce, what will I do?

Advocate Vikrant V Pandey answered
you can file divorce a case on the ground of Desertion under section 1(i)(b) of hindu marriage Act before family court. as she has left your company since two years, your case is fit for divorce on the ground of desertion.

Q: Wife claims that 1st marriage was annulled, how to prove the same ?

My wife registered her 1st marriage in 2007 under special marriage act.Although they had sex but never ever stayed together even for a day n marriage was not socially solemnised.Now she got a decree of divorce on annulment ground s d marriage was not consummated. After a gap of 3 months from her divorce, she married for d second time under Hindu marriage act but now her 1st husband who is undergoing rigorous imprisonment for 6 years is threatening from d jail that d divorce was forge n not valid s it was not in his knowledge although hearing notices were sent to his home but his family did not claim it.Is d second marriage valid? Plz help

Advocate Vikrant V Pandey answered
though her first husband denying the divorce, but she has a valid decree paased by the court and which is unchallenged by her first husband. therefore her first husband's claim of forge divorce is baseless and doest not stand in the eye of law. her second marriage is valid as you said, it was solemnised under the hindu marriage act. so far as his threatening is concern, you may make complaint of it.

Q: Lost original docs. only photocopy is with me how to get it verified

Hi, My original qualification document has lost in few years before and my current organisation want document verification, I have only xerox copy of my document Can I provide affiliated document to them ? or attested document ? My current organisation has told me that you can verified document otherwise organisation will terminate me.Please help in this case.What can i do ?

Advocate Vikrant V Pandey answered
you can present attested document. but as you stated you have lost your original docs, you can get duplicate copies of your qualification docs by approaching issuing authorities of the documents, submit xerox copies along with application and other requisites as will asked by the authorities, till then make a request before your organisation about getting duplicate copies of your documents.

Q: No salary paid avoiding communications what legal action can be taken

I was working as Sales manager .Joined on 16th March ,was paid salary for march. April worked the whole month ,May on 5 th was asked to resign did the same ,As per appointment letter i was on probation and no notice to be served . I had sent several e mails for my salary ,they did not revert. I called the director and he picked up the call and said he will not pay my salary and hung up the phone.Now how can i proceed ,as i have no spare cash to proceed legally through court what alternative can i seek?

Advocate Vikrant V Pandey answered
firstly you should not have been resigned. As your appointment was not confirmed, you were on probation you can file a case before the labor court on the ground that no notice was served. before opting any legal action you must go through terms and conditions of your appointment. so far as to get your salaries back you can file recovery suit before civil court, in case you are not filing case before labor court.