Advocate V.M.Parthasarathy

Questions Answered by Advocate V.M.Parthasarathy (25+ answers)

Q: NRI Divorce in India and France

Hello, Me and my wife are married in Oct 2017 under Hindu Marriage Act and living in France since 2016. We have two daughters 7yrs and 3yrs respectively. I filed a HMOP petition at the Puducherry District court. If she is starting a procedure in France, which petition will take the precedence. the former or the latter?

Advocate V.M.Parthasarathy answered
two divorce order will be effective individually..france order is valid in france and it cannot be used in india and indian order is not valid in france.. place of marriage and registration of marriage also is important.. many more details are required to give a detailed suggestions. PRACTICAL CONSIDERATIONS:Enforcement Challenges: Even if the Indian court claims precedence, enforcement of its orders regarding custody or maintenance may face challenges in France if your wife and children remain there.Parallel Proceedings: Both jurisdictions may continue their respective proceedings independently, resulting in potentially conflicting judgments.Forum Non Conveniens: The French court might argue it is the more appropriate forum given the family's established residence there.

Q: Wife being harassed and abused by neighbors in my absence

Sir, I am writing from Pondicherry. I am living in Pondicherry with my wife and children. My wife is being scolded by abuse words by neighbour lady when I am out. I warned about the same but she is repeating. I want to proceed the issue legally. Please advise.

Advocate V.M.Parthasarathy answered
Dont worry, you should go to the local police station, with a lawyer to guide you and give a complaint against the lady, and she will severely punished, before that please do a video record of the women when scolding your wife to show it police as evidence if not the lady will not be punished. If police dont take the case you can file case in the court under criminal law to punish the lady severly...so dont worry be strong..

Q: Can anyone claim on property received by will

Our father passed away Nov 2015.me and my brother are his 1st spouse sons, whereas after divorce he had a 2nd spouse son. Can he or his guardian seek possession of property against the will he left us mentioning the property full rights for me and my 1st brother only? No patta, its an independent house and currently occupied by tenant on rent. What would be the procedure to sell it? Legal heir certificate includes my step brother. But will deed mentions the property is only for me and my brother?

Advocate V.M.Parthasarathy answered
If will is a regisered one, no one can stop you from selling ur property, though legalheir have ur step brother, the will clasue are only considered while deciding the property ownership, hence u have full right to sell the property

Q: How to dismiss divorce proceedings

I am married to a guy who is my mother's sister husband's elder brother son who is no way related to me blood. Now his mom filed divorce saying that this is not legally approved relationship. We both love since 10yrs and got married on 2014. I am not willing for divorce, my mil threatened me to sign. Now we are in 6 month separation time. Please tell me whether it is approved relationship in Hindu law.

Advocate V.M.Parthasarathy answered
No the relationship,between you and your husbamd as per hindu law is brother sister relationship..which is prohibited by law, but many more facts are requried to find out, whether any loop hole is avaiable in our case, details of the case are required

Q: How to obtain maintenance from my father

My father works in a co-op sector. He is not providing for my mother and me .Is there any way we can get a part of his salary directly from his office ? Can we get a quick solution for this problem?

Advocate V.M.Parthasarathy answered
There is no quick solution for this issue, u have to file maintence suit, ur mom will get maintenance for sure, but court will consider ur age, marital status, educational qualification to provide maintenance to you. time for court proceeding is approximately 1 year..