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Hi There, I need a suggestion and help in my case. Long back in 2006 I left India and a case was registered again me and my family. After a long battle case was in our favor but I didn't come because of fear. Now I'm doing well and wants to come to India to set-up my business here. I need the OCI and for that I have sent the expired Indian passport to embassy. Later it was told that my passport was impounded by Gurgaon police. Now I'm not sure how could I proceed in this case. Case is already closed but I was not there and that girl took the divorce and got married. Questions: 1. How could I proceed this issue ? 2. How could I get the clearance from the local police (Gurgaon) so that I could get the OCI ? Please suggest. Regards, Manu

A. Hello Client,

If you are sure about the case status which was passed in your favour then apply for a certified copy of the judgement of the case by which you can prove that you are no longer an accused. take Advocate's help regarding this.

and if possible then communicate with the Police to find out the proper reason for impounding.

Thanks & Regards
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Simi  Paul
Simi Paul Experience: 1 Year(s) Kolkata
Sanjay Kumar Jha
Sanjay Kumar Jha Experience: 18 Year(s) Patna
How to take my son back from her

A. Dear client,
You should 1stly, lodge a FIR at your nearest thana, No matter even if you might be knowing where has she gone. 2ndly, if she is traced out try to motivate amicably if not ready to come back, then only file u/ s 9 Restitution of Conjugal Rights at Family court.
Thanks
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Simi  Paul
Simi Paul Experience: 1 Year(s) Kolkata
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
ask_a_question

Anonymous

Posted 5 months ago

I want to marry with my cousin. she is daughter of my mother's sister. we are from uttar pardesh and we are hindu, our age is more than 18. so can we marriage ?

A. Dear Sir,
As per law a girl must completed 18 years of time and boy must completed 21 years of age to get marry otherwise a criminal case will be registered against your parents and you also.

Thanks.
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Sanjay Kumar Jha
Sanjay Kumar Jha Experience: 18 Year(s) Patna
 B. Srikiran
B. Srikiran Experience: 11 Year(s) Hyderabad
Viswanath  M K
Viswanath M K Experience: 6 Year(s) Chennai
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Anonymous

Posted 6 months ago

I have filed my divorce against my husband which is through exparte.hearing date is next week.can i claim for alimony

A. Yes u can get interim
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Sanjay Kumar Jha
Sanjay Kumar Jha Experience: 18 Year(s) Patna
Anand  Dhanuka
Anand Dhanuka Experience: 23 Year(s) Hooghly
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
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Anonymous

Posted 7 months ago

My future husband's younger brother's wife is always negatively commenting on my looks. And ours is going to be intercaste marriage and I am not going to change ny caste or name. so she has problem with that too. What legal action can I take against her?

A. Dear client,
You have not married yet , "as you said your future husband", hence you can not take any legal action against her, also when will marry him then if she continues with same behavior then this matter would be family issue which may shorted out cooly and calmly no need to take legal action.
But if you are SC/ ST and then for that if you re demoralized and abused and if happens beyond uncontrollable then talk to your husband , even if she does not stops her behaviour then in last you ma ...ReadMore
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My sister-in-law always say to my brother to stay away from my parents She would have spoken if he would not live with her in a different place. She will commit suicide in front of all my neighbour and she says that she will trap everyone of my family members She falsly accused to my mother that she used to beat her. We had recording of her saying that she will falsly trap all my family member Last week we called her father to talk about her but she said to her father secretly that trap us And her father comes with cops and they are saying that we kidnapped her daughter from the last 5 months At that day she went with her father by taking both children Now its 6.5 years of marriage of my brother is completed but we don't want that womens in our house Please suggest what case we cam file now and we want that children too

A. Dear Sir/Madam,
Get record her suicide threats and file criminal case against her.
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Sir, i married a boy in last year 14th November 2018 when i was in love with that boy. Now i realized as that boy is fraud and he is blackmailing to come with him. In that so called marriage process he just tied mangalsutra to me by standing in-front of god. No other rituals are happen there. and then we went to our homes separately. he has that video and few photos. Is that marriage valid or not? to make that not valid do i have to file case in court? if so when i have to file annulment of marriage before or after november 14 2019 ?

A. Yes you can file petition for annulment of marriage u/sec 12 depends on circumstances ,however saptapadi is not performed and no rituals have been performed as per sec 7,8 of HM Act

The grounds for a marriage annulment may vary according to the different legal jurisdictions, but are generally limited to fraud, bigamy, blood relationship and mental incompetence including the following:
1) Either spouse was already married to someone else at the time of the marriage in question;
2) Either spous ...ReadMore
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
Shreyash  Mohta
Shreyash Mohta Experience: 2 Year(s) Kolkata
Sanjay Kumar Jha
Sanjay Kumar Jha Experience: 18 Year(s) Patna
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pankaj srivastava

Posted 7 months ago

dear sir, wife deserted husband for last 15 years.both are in govt. service .wife neglected all customs,ceremonies, even at the time of death of her father in law and mother in law,she did not come however husband made many efforts for her coming.now husband wants to file divorce case not rcr.can he get divorce on the basis of desertion? please advise.

A. Dear Client,
Yes, You can file for Divorce under following sections:-
Section 13 of the Hindu Marriage Act, 1955 - Divorce and Grounds of Divorce.
Section 13 (1) Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or

(ib) has deserted the petitioner ...ReadMore
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Randheer  Bahadur
Randheer Bahadur Experience: 4 Year(s) Lucknow
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 34 Year(s) Bangalore
Sanjay Kumar Jha
Sanjay Kumar Jha Experience: 18 Year(s) Patna
My son was charged DV case and interim maintenance was requested app 25,000 Per month based on her previous employment. My son's salary is about 50,000 a month with 21,000 expenses for LIC and house rent. Our Situation 1. Non consummation of Marriage 2. Not willing to Co Habit and stayed only 8 days at In law's place. How to defend and negate the demand

A. engage an advocate and file proper written statement along with relevant documents,
in the meantime,
try to settle the matter amicably involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and both will be free to live life with their wish,
if failed, your son can also file a contested divorce on the grounds of mental cruelty, refusal to cohabit. non-consumation, etc but it will take around 3-5 years,
call/mail for complete details
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Mrighankhi  Chakraborty
Mrighankhi Chakraborty Experience: 2 Year(s) Kolkata
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
Sanjay Kumar Jha
Sanjay Kumar Jha Experience: 18 Year(s) Patna
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Anonymous

Posted 10 months ago

Father apne kisi ek son ko opproperty de sakta hai

A. Dear Client,
Yes if the property is self-acquired then he can
Thanks.
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Shreyash  Mohta
Shreyash Mohta Experience: 2 Year(s) Kolkata
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 4 Year(s) Aurangabad
Sanjay Kumar Jha
Sanjay Kumar Jha Experience: 18 Year(s) Patna

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