Advocate Anand Bali

Questions Answered by Advocate Anand Bali

Q: Need advise on what to do to stay

My in-laws are planning to kick me and my son out and live in the house in which we are living as true owner of this house is my father in-law. For this they has made excuse of their treatment. For this they has made plan in which my husband has taken a house on rent and is planning to file a complaint in court. What can I do to stay in house?

Advocate Anand Bali answered
You have to file for an injunction order in the court as she not be removed from your father in laws house showing it as a Conspracy of your inlaws and your husband against you. Engage a good Advocate you will get the order in your favour, provided he plead the case properly in court.pl get a good expert and experienced Advocate of family disputes line

Q: Second Marriage Of PSU Employee.

Second marriage is allowed in musli personal law but if the boy is working in government organisations then the second marriage is offence... If one performed second marriage then would their employer dismissed his service..or any othe legal remedy available..?

Advocate Anand Bali answered
No in case of Muslims second marriage is allowed even if the person id doing Government Job. However he only can nominate a single wife to be his nominee not the both. There are many case citations where a muslim government servent is having more than one wife but before his obtaining his government job.

Q: Relinquish right to live in property recd through will

I want to purchase a property which is transferred by father to his daughters through will but in will he mentioned that his deaf and dumb son is entitled to live in property inherited by daughters. Also he mentioned in his will that his granddaughter (daughter's daughter) will see to it wheather my deaf and dumb son is taken care of by his daughters. This son wants to remove this right to live and sell the property.Can this right to live be removed.

Advocate Anand Bali answered
No it can not be removed. As it is the integral part of the Will. He can live in property till his life time and ba maintained by his sisters in who's favour the Will is written to get the property as Benifishery.

Q: how to give talaaq to my wife legally

I want to give talaaq to my wife since we are not living together for the last 18 months.When I told her about giving talaaq, she threatened me that she'll put a dowry case against me. I have been married to her for more than 8 years. In Saharanpur(UP), such dowry cases even after 10 years marriage are prevalent. The Mehar fixed during my marriage was Sunnati. I want to divorce because she don't want to live with me. I have tried to reconcile several times but with no results. How can I give her talaaq legally. Please help.

Advocate Anand Bali answered
file a divorce cace against her in civil side local family court where she last resided with you. Muslim marriages are contracts and on the basis of breach of contract you can file Divorce case.She can not file a Dowry case against you however she can file a domestic violence and maintenance case against you in Mahila court. pl note.

Q: I am a Hindu and want to convert to Islam but don't want to change my name on ony of my documents. I

I am a Hindu and want to convert to Islam but don't want to change my name on ony of my documents. Is it possible? Also if I somewhat change my decision to revert back to Hinduism, can it be done easily. I know converting to Hinduism does not have any proper law, just have to believe it. But after conversion to Islam and then reverting back to Hinduism, can any one claim legal action on me that I am still a muslim.

Advocate Anand Bali answered
No no legal action ever can be taken against you in both the situations. Under the Indian constitution any one can renounce his/her religion as per belief any time provided he is a major one. The same conditions apply in reverting to the prior religion.However, if the objective of conversion is with a guilty brain or with an unlawful objective. This conversion is not allowed in any of the personal law based on religion prevailing in India.So, pl note it is not a child's game for attaining any material or subjective profit like marrying twice or claiming property under different adopted religion or securing any reserved job by getting your religion converted.