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Uमहेंगा रोये एक बार, सस्ता रोएं बार बार। A cheap purchase will cost you more in the long run.
Depending on city/ village, property type-cost, complexity of matter clients get charged by Advocates. Next time ask Google to read your documents, advice and defend you in Court.UFor quashing by consent.. it is the consent of opposing party/ Respondent/ ex-wife in your case which matters. Like consent is between two people. She’s consenting that she has obtained divorce and she agrees to terms and conditions. Hence, she’s consenting to quashing the FIR filed against you.
Tbh..it’s not way too complicated.. just get a good advocate and this can be done within a few months.UMutual divorce with decree of a court right ? There is a difference.. there has to be a decree of the court declaring your divorce. Further, your mutual divorce agreement/terms conditions/ papers must include that she will withdraw cases filed against you. If these two conditions are fulfilled, proceed to file quashing of FIR before High Court, however since you have already filed for quashing and stay is granted by HC.. session court/ trial court cannot dispose of the criminal case. Move your Quashing of FIR before HC and file a short affidavit stating that you have obtained mutual divorce and since one of the terms of mutual divorce was to withdraw the cases pending before other courts.. present quashing of FIR proceedings needs to be disposed of. (HC will question your wife to verify the details btw). Once HC vacates the stay, you can file pursis before the Trial court to dispose of the criminal case.UAgreed about child support. And about buying properties on your mother’s/ father’s name sounds good while talking and it is suggested by people who have no knowledge about law and court proceedings. Good and experienced advocate can always present such facts about ownership of property and funds for buying that property before the court to obtain favorable maintenance order.UPersonal laws like marriage, divorce, adoption and succession etc are based on persons religion and culture. Therefore, since the majority of the Indian population is hindu.. hindu laws are applicable to people. Therefore, since the prenup concept is not in Hindu culture.. it is not included in indian laws. And they can never be included in Hindu laws.
Even if two people execute a prenup agreement, they cannot be executed in court, therefore it doesn’t make any sense to execute the prenup document either.
What you can do to avoid maintenance ?
As per my experience, mutual divorce by giving a reasonable amount to spouse and taking 50% care of children.USenior Citizen Act helps needy grandparents. The procedure is simple too and application lies before Tahasil/ Collector. Get a good lawyer and ask them to file an application explaining your situation. The procedure is fast tract therefore within a few months 6-9 months the application is decided. Your grandparents can ask for maintenance, protection and possession of property (if documents are in place).
To support your case you can file FIR/ non cognisable complaints too.UEither you can challenge their order/ communication before appropriate authority or you can apply for another certificate as per Hindu marriage act for the same date. As a lawyer I won’t comment furthermore, without reading the documents. And later is not suggested because it seems pretty serious paper work if citizenship or passport work is involved.UIf you both are Hindus, there was no need to register your marriage under Spl. Marriage Act. About the compliance of sec 5 of the Act, it might create problem tbh but you can always prove your side by filling correct documents.UGet a good family lawyer who is practicing in family property+ joint family partition matters. As you have mentioned that house was Ancestral property of your grandfather, he had no right to bequest that property to your father. However, since that will is not challenged till date, you don’t have to worry about it. Secondly, now your father is expired, apply for trecording name of your mother and yours as legal heir of your family. Now this process is different for different kinds of property.
Your lawyer also might suggest to apply for heirship certificate in civil court, you can go forward with that too.
But most important, take possession of that property before anyone else.
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