Advocate Viral Kansara

Questions Answered by Advocate Viral Kansara

Q: Want divorce but wife is not ready to give

I want to have divorce with my wife but she is not ready to give by mutual consent. I have 2 children but i am not capable of having them. I want to get divorce with her at any cost. What should I do?

Advocate Viral Kansara answered
Dear Sir,You can seek a divorce even if your wife is not willing to dissolve the marriage by mutual consent. In such circumstances, you may initiate contested divorce proceedings before the competent Family Court under the applicable matrimonial law.If your marriage is governed by the Hindu Marriage Act, 1955, you may file a petition under Section 13 by establishing legally recognised grounds such as cruelty, desertion or other applicable grounds, supported by relevant evidence.

Q: I want to get a divorce from my husband because no longer comfort

I want to get a divorce from my husband because I am no longer comfortable living with him or continuing this relationship. I agreed to this marriage only because I wanted what was best for my family. However, after getting married, I realized that our thoughts, values, and perspectives are different, and we are not compatible. My husband has been married before, and after our marriage, he told me that he was still unable to forget his past.

Advocate Viral Kansara answered
Dear Madam,I understand your concern and the difficulties you are facing in your matrimonial relationship. You have the legal right to seek appropriate remedies if you no longer wish to continue the marriage.I can assist you with legal consultation, examination of relevant documents, preparation of the divorce petition and representation before the competent Family Court.Kindly connect for a confidential consultation so that i can understand your case and guide you regarding the appropriate legal procedure and remedies available to you.

Q: Need to Evict someone from the property

Hi I have a new property ownership and my brother’s wife still lives in the property. My brother owed me a huge amount since last 6 years , because of the family his family disputes he couldn’t pay me back my money so he sold me the same property and I paid him the difference. But his wife is not vacating it. What are my options??

Advocate Viral Kansara answered
Dear Sir,As per the facts mentioned by you, if the property has been legally transferred in your name through a duly registered Sale Deed and the transaction is supported by valid consideration, you may have legal remedies to recover vacant and peaceful possession of the property.The fact that your brother's wife is residing in the property does not automatically make her its owner. However, her legal right of residence, if any, particularly under the Protection of Women from Domestic Violence Act, 2005, will have to be examined.We would suggest the following legal course of action:1. Verification of the registered Sale Deed and previous title documents to establish your ownership.2. Verification of the outstanding amount owed by your brother and the payment/adjustment of the sale consideration.3. Issuance of a formal legal notice to your brother's wife demanding peaceful and vacant possession of the property.4. If she fails to vacate the property, appropriate civil proceedings for recovery of possession, along with permanent injunction and other consequential reliefs, may be initiated before the competent court.5. If required, an application for temporary injunction may also be filed to protect your rights and prevent creation of third-party interests.However, before proceeding, it is important to verify whether your brother's wife has any independent ownership rights or any existing residence order under the Domestic Violence Act.We can examine your property documents, advise you on the appropriate legal remedies and assist you in issuing a legal notice and initiating the necessary court proceedings for recovery of possession.Please share the registered Sale Deed and relevant property documents for an initial legal examination.FOR MORE CLARIFICATION YOU CAN CONTACT ME ANYTIME

Q: Bonus not provided accept me provide bonus to everyone. Need somehelp

If company bonus not provided to spacial single or two person what can we do legally action and what is the procedure.

Advocate Viral Kansara answered
*Yes, we can assist you with this matter.First, we will examine your employment documents, salary details and the company's bonus policy to determine your legal entitlement to receive a bonus.We can initially send a formal intimation email to the company requesting payment of the pending bonus and seeking clarification for its non-payment.If the company fails to respond or refuses to pay the legally payable bonus, we can issue a formal legal notice demanding payment of the outstanding amount under the applicable provisions of the Code on Wages, 2019.If the company still fails to comply, we can assist you in initiating appropriate proceedings before the competent Labour Authority for recovery of your dues.Please note that even if only one or two employees are affected, you may have legal remedies, subject to the applicability of the relevant statutory provisions and your eligibility.We can assist you throughout the process, including drafting the intimation email, legal notice and necessary legal proceedings.*

Q: Name correction in marriage certificate

In the original marriage certificate issued tomy son it is misplled by Vadodara muncipal Manjalpur so correction to be done pl guide me

Advocate Viral Kansara answered
Dear Sir/Madam,If there is a spelling mistake in your son's marriage certificate issued by Vadodara Municipal Corporation, Manjalpur, you may apply to the competent Marriage Registrar for correction of the erroneous entry.