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Sir i was living with a girl in a living relationship since last 3 years she was commited to marry me but suddenly she ditched me and went with someone for marrying. I am mentally harassed by her decesion. I want to show that if a boy ditch a girl in a living relationship she has several legal rights but what about boys ? We both are adult. Kindly suggest what should i do i even sometimes think of doing sucide but thats not answer to my quiestion.

A. Sir, please do not press these things into the legal field and pressurize her to marry you. Things like this happen constantly on a daily basis.
My opinion is.
1. Talk to her and know that is there something which is forcing her to take such a decision
2. Solve this by talk because this is emotionally connected to both of you and non of them would want to disrespect them in the court or in other way.
3. Solve it by talks and solve it without such fights.
4. If everything else fails, let it go.
Suicide is never an option. Those things which need to stay eventually do stay.
Look for greater things in life ahead and have a prosperous future.
Thanks
Shreyash Mohta
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Does marriage certificate is equivalent to court marriage certificate. I have court marriage certificate only and I am going to abroad (qatar) for work

A. I guess you mean to say is court marriage certificate is equivalent to a normal marriage certificate which you get registered after marriage as per your traditions. Yes it is completely valid and is equivalent. You do not need any additional certificate as proof of your marriage.
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Anonymous

Posted 5 months ago

How many hearings are needed for Anticipatory Bail in High Court in general ?

A. usually 2-3 hearings
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I want to get information about back dated 10 years of specific man on his how many registered crimes .Can I got information of this?

A. It is quiet difficult to get all the crime records of a man, if the cases are registered in different districts or different states, you will have to file separate RTI for all the different states at least. If you have any specific reason against the man, you can file a complaint in police station and it is the duty of police to get the crime record of person.
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Anonymous

Posted 5 months ago

I have been in live in relationship with a guy for past 5 yrs now he is not ready to marry me and his family also not ready as i belong to SC Caste and they have already told me that they will not accept me. Plese help me as i cannot stay without him and i want to marry him.

A. By force you cannot make a person marry you. You were consensually in live in relationship for 5 years with the man, that was good enough period of time to lodge any criminal complaint against him for cheating etc.as being suggested but you kept out of that.
Now he refuse to marry nor his parents ready for this.
The only ground that seems relevant for you to seek any relief from the court is if you can show with sufficient evidence that the refusal for marriage is only on the ground your caste.
This act of the man and his family will be covered under the Untouchability (Offences) Act, 1955.
Otherwise you will not be able to get any relief from the court with regards to him being forced to marry you.
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Anonymous

Posted 5 months ago

Sir my husband filed divorce case saying that i try to commit suicide by eating pills ,I run away, ifight with him,and after that counseling started his dad is a lawyer he has influenced the counselor in court.ihv filed 498a in police station but police is not moving my charge sheet ,police is again forcing me to settle behind court either in terms of mutual divorce or restoring marriage.i hv met many times but still they r not listening,mean while my husband has filed custody papers in court ,I hv a small daughter a out to be 5,in reply of section 13 which my husband has put on me .I hv mentioned fir .to that he replied that I want 50 la. Rupees and his house so I hv filed fir.what to do I my really tired.how to bring them under pressure.is there justice in court or they will also behave like police.plz help me.

A. Dear MAdam ..........
you have not said what have you said in your FIR ............
You shall file Domestic violence case along with maintenance case...........
for any query feel free to reply back
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Anonymous

Posted 5 months ago

Hi have been married last 1 year, after marriage my wife attitude has been changed she never take care of my family, every time she shout and hurt herself to show others , she attempt 3 or 4 time wrong things which is really so dangerous. She is kind of short temper everyone she damage my clothes, watch and other things to get her satisfied I have lots of thing to discuss please advice how can I protect my family and my future,

A. Dear Sir,
If you have decided to divorce her then please go through the following FAQs and decide accordingly.
====================================================================================
FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE..
======================================
Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
2. What’s are rule and regulation for taking divorce?
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income.
8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?
Ans: Yes, definitely. Then she is entitled for monthly maintenance only.
9.What is the difference between alimony and monthly expenses ?
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?
Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.
11.Whether she can do any police complain against me or my family ?
Ans: Yes. But now Supreme Court given several instructions to police before arrest.
12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?
Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC
13.Can she harm me and family by putting false alligations ? How to take precautions for all this?
Ans: YES, File quashing petition before the High Court.
14.I even want to know that what are strict norms are there for taking divorce?
Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.
15.Because my wife is continuously telling me now Norms are very very strict what’s are they?
Ans: Nothing to bother, your advocate protect you.
16.Yes she is working if she is working then I am not liable for her maintenance money
Ans: Yes, your burden will be lessened to 50 to 75%
17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us.
Ans: At the end given.
18.What is RCR?
Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act.
19.What are Section 498A and DV Act?
Ans: Given below
20.Under this act will I get bail or not?
Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR.
21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her?
Ans: No, law does not permit.
22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account?
Ans: to her account.
22.What is Special marriage act and Indian Divorcee Act?
Ans: Please see below. Both applicable in India.
23.what is the procedure for taking bail?
Ans: Your advocate will tell you if you pay fee.
24.If my wife does second marriage will I be still liable to pay her monthly maintenance?
Ans: No.
25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce?
Ans: You will be in jail if you marry without divorce under sectin 494 IPC
26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section.
Ans: If you have money and refuse then you will be sent to jail.
27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family?
Ans: yes, police create a very good story and register FIR,
28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast?
Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days.
Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]
Section 498A in The Indian Penal Code
376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

Dear Sir,
Your questions are answered as follows:
1.Can she ask me to come to her place or refuse to come to my place?
Ans: No, it cannot be. Her proposal cannot be accepted by Courts.
2.Can she file false dowry and domestic violence case.?
What punishment will be given to her for false cases ?
Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter.
3.How long shd I wait for getting divorce if contested ?
Ans: About 2-3 years depending upon the tactics of other side.
4.How frequent can I get visitation rights of child and also during trial ?
Ans: Once a 15 days depending upon age and sex of the child.
5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases?
Ans: If she includes your parents in the FIR, there will be some problems in pension settlement.
6.Does separation count from the day she left or the day I stopped visiting her ?
Ans: The day she left you that is deserted you.
7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws?
Ans: Yes, you are correct.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
The following are similar FAQs asked by my another client....for your ready reference.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
2. What’s are rule and regulation for taking divorce?
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income

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Anonymous

Posted 5 months ago

Hai sir my father given blank cheque for security purposes. and my father is not with us and we are in mom's Father house. it happened 10 years ago.. but now from past one year police are coming asking us Wer is ur father. Cheque given by him is bounced and Calling us 'if you won't tell we will acquire ur house' like this giving torture sir... Actually cheque given 10 years ago now they are enquiring sir... We didn't get any notice also.. I have a doubt this things are doing by some other people or what... can u please advise me sir.....

A. Dear Sir,
Yes, there is some mesh in the above issue. Please find out any cheque bounce case was filed against your father. Properties cannot be attached that easy.

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Hi, I need to know what precautionary legal action can be taken against my brother’s wife without harming her to avoid any future serious problems in future . As my brother’s wife harassing my parents for the ancestor property and my father is getting sick because of this day to day mental torcher she is threatening my parents saying she will file case against my parents of Dowry which my parents never asked for and nor my parents harassed her (which is misusing the law) . Kindly suggest what can be done in this case as my father don’t have any money left with him and the ancestor property is only asset for him in the future which is yet to transfer to my father after my grandfather death. Kindly suggest what precautionary legal action we can take my brother’s wife without harming her to ensure safety of my parents in future . Even she is not in control of my brother she is just harassing my parents and my brother physically and mentally. Now she have one daughter also. We are worried a lot

A. Dear Sir,
Wife or Daughter-in-law has no share in ancestral property. First be clarified whether the said property actually coming from four generation to say that it is a ancestral property, if not deny her/your brother’s share as your father is alive.
==============================================================================================
What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.

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Agila A

Posted 5 months ago

I came to my home as there is issues in my in law place. My husband is abroad. All my clothes and jewels are in my in law home. They aren't allowing me to take my things. What should I do

A. Dear Sir,
You may approach the police if you can otherwise file DV case and seek following relief along with a relief of getting your cloths and jewels.
=====================================================================================

PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

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