About marriage -shadi shuda ladki
About marriage -shadi shuda ladki
Kya ek shadi shuda ladki kisi ladke ko marriage kar sakta hai??
2 years ago
A. No a married girl cannot marry another person as long as she is betrothed/married to first person and if she does that then her second marriage will be null and void. To marry another man she needs to file a divorce case and seek divorce from the current husband.
Child Marriage - I was 19 years old
When I was 19 years old, I got married by giving money to my family, forcibly I say to cancel now because that girl is 5 years older than me. how can i cancel ?
2 years ago
A. As per THE PROHIBITION OF CHILD MARRIAGE ACT, 2006“child” means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age.
As per Section 3 of THE PROHIBITION OF CHILD MARRIAGE ACT, 2006, Every child marriage, whether solemnized before or after the commencement of this Act, shall be voidable at the option of the contracting party who was a child at the time of the marriage: Provided that a petition for annul ...ReadMore
Advocate Sinjari Bandyopadhyaya
Senior citizens rights on living alone
My mother in law is 71 years old. She has multiple medical conditions like diabetes, high BP, urinary problems, allergies, back pain, hearing issues. He has got pension and received INR 10500 a month.
2 years ago
A. Dear Client,
The laws relating to rights of senior citizens do not talk about their right to live alone. However, every Indian Citizen has the Fundamental Right of life and liberty as provided under Article 21 of the Constitution. Therefore, you cannot force her to stay with you.
Thanks
Divorce Case -case is just getting dates
i have applied divorce case in court from my wife and case is just getting dates from last 2 years, now my wife had signed divorce papers and gave to me now what is the procedure to process further
2 years ago
A. It is necessary on your part to make an application before the Court in which your contested Divorce matter is pending for leave to withdraw the same on the ground that mutual consent divorce is going to be filed through separate Matrimonial Suit.
Thereafter through Joint petition before District Judge or ADJ mutual consent Divorce has to be filed by both of you in which usually after 6 months date of evidence will be given and if both parties agree then decree of divorce will be passed.
Advocate Sinjari Bandyopadhyaya
A question related to my Father.
My father's has been calling him up during the mornings and asks him to come to the bar and drink together(my father's friend has to pay shis debt to my father,So,to avoid paying the debt he buys him
2 years ago
A. Dear client,
this depends mainly on the willingness of your father to barter the debt in the form of liquor as he seems to be going to drink together with this friend. Unless your father has an issue about this, you can not sue your father's friend on behalf of him.
Thank you
Advocate Sinjari Bandyopadhyaya
Distribution of 2 flats amongst 3 brothers
We have 2 flats and my question is as follows. Per my dad's will who is now deceased, he wanted the 2 properties to be equally distributed amongst his 3 sons. My mother also has the same will and was
2 years ago
A. Dear client,
will is executed as per the statements and clauses written in it. You cannot assume something from that will. So during distribution will of your father property whatever written in will shall happen your mother statement cannot change the will explicit clauses.
Thank You.
Advocate Sinjari Bandyopadhyaya
Regarding permanent injunction from doing second marriage by wife
Wife has filed child custody petition and domestic violence case against husband on false grounds. Thereafter, husband filed divorce case against wife on cruelty grounds. Now, wife verbally told husba
2 years ago
A. As long the case is going she can't marry as that will be an invalid marriage. You maty try and file a case for injunction but since it is obvious that one can't marry the court will not be inclined to pass a judgement on figment of thoughts and guesswork. Also it will be a great dilemma for the court to pass an order for something which is already built in the law hence in m opinion the court shall not entertain your application.
As far as permanent injunction is concerned the court will never ...ReadMore
Restitution of conjugal rights
My husband has Petioned to live with him I m also willing to live I already attended one counselling another counselling he did not appear he asked asked for mediation but he keeps on skipping dates i
2 years ago
A. See restitution of conjugal rights are filed for two reasons;
1. The Petitioner wants that the spouse should come and stay with the petitioner as directed by the court.
2. To take advantage of the situation that the opposite side is not willing to come and after one year of passing the judgement the petitioner can file a case for divorce.
You let the court know that you have been appearing but the petitioner is not appearing and then he will not be able to take any undue advantage of this.
Child's caste in intercaste marriage
In inter caste marriage. What would be the child caste? If I want to give wife’s caste to child than what would be the process? Husband belongs to SC and wife belongs to OBC So, If I want child belo
2 years ago
A. Dear client,
Child caste is of father generally but Supreme Court rule that caste can be of mother or father there is no straight jacket rule. So it’s on couple to decide caste of children.
Thank You.
Transfer of a case in Supreme Court
Sir, My husband is from Orissa and I am from Andhra Pradesh. In the month of July he has filed Judicial Separation Section 10 Hindu Marriage Act. As presently I am staying with my parents in Andhra Pr
2 years ago
A. Since the separation case is family matter and the procedure is like a civil case hence it was allowed to be transferred but the procedure under the DV Act is like a criminal case and hence it will not be allowed to be transferred. In DV case the mother in law has filed a case which will be handled by local police and the magistrate. So, very rare chances of transfer.
