Advocate Yash Prakash

Questions Answered by Advocate Yash Prakash

Q: Can i file a divorce under section 13 (ii) hindu marriage act

Me & my wife are living separately since 5th July, 2017. On 22nd July,2017 she filed DV case in District court, On 14th Noember, 2017 she filed complaint in CAW cell. On 28th December,2017 she lodged FIR against me & my brother in 420, 354, 354A respectively. They are demanding 30 lakhs to settle the matter. Current status of the cases are - DV act pending, CAW cell mediation going on, FIR charge sheet not yet filed. I have all proofs that all 3 complaints are fake. I just want to know can a file Divorce under Sec 13(ii) of Hindu Marriage Act ?

Advocate Yash Prakash answered
Yes you can file divorce , the moment we can prove this thing that all the cases filed by your wife against you and against your family members are fake , it will amount to cruelty. But before that i want to see those evidence first

Q: Can I live with a girl who is already married with someone else

i love with a girl who have already court married with a person and now she is not happy with him and family of girl are not support her and even the boy with him she is married is also not ready for divorce.they have also a baby of 18 months. She is not happy to live with him because he often tourcher her and didn't help her in any of matter. But she love me so much and i too and we want to marriage and live together. So what should be good solution so that we can live together with happy life. And can we live without divorce because it will be a safe way for us as we will start our new life in india anywhere where no one don't know we.

Advocate Yash Prakash answered
She can always file a divorce case against her husband and get a divorce , if there is a valid reasob for it. You can also marry that girl but only after the divorce, but make sure before she get divorced your relationship should be a secret

Q: Can a divorce petition be put on hold

I have filed a divorce case on my wife on cruelty ground. She has to reply on my Petition this month in court. My parents have asked me to give my wife another few months. Is it possible to put a case on hold for six months and then initiate it again if required. Also what is the process of simply withdrawing it. Will there be any problem in court if i initiate the proceedings again e.g. do they maintain a record and can my next petition if required be quashed by court because i have withdrawn this in past one time.

Advocate Yash Prakash answered
Yes sir you can withdraw your divorce petition any day but it will a scope to your wife to file a divorce against on this basis. So its better to take the matter to mediation centre and den settle all the terms.

Q: How to get a stay on property transfer to elder brother's name

Sir.... My father has dies and all the property earned by him was in the name of my mother. And now she is trying to hand it over to my elder brother only.. V are four children, two sons and two daughters. How can v give a stay for the propety exchage. Even if v dont get an equal share how can make sure that the property reamins contant.

Advocate Yash Prakash answered
Sir i have to discuss other facts as well and only after that i can give you a final opinion. As of now i can say that we can file a case for partition in equal proportion but before that please fix a meeting and discuss it in detail.

Q: How to get possession of property mentioned in the will

mere papa ke name per hamare dadaji ne jis property per will banai hai us per abhi hamare tau ka kabja hai to dadaji ke jane ke baad hame wo property mil payegi..

Advocate Yash Prakash answered
You have to approach the court by filling a probote petition or letters to administration, depends on the will. Final opinion can be given only after reading the document and understanding the others facts of the case.