Advocate Anuj Handa

Questions Answered by Advocate Anuj Handa

Q: Can I marry a person, whose spouse is in comma ?

I want to marry a person who I already married and hi wife is in comma from last 1.5 year. Is it possible for him to remarriage again legally.?? If possible then please help me and tell me the procedure for doing that.

Advocate Anuj Handa answered
I am afraid not. Even though the wife is in coma, in the eyes of law, she is living and therefore, unless he seeks divorce through court, he technically has a wife living and hence, is not allowed to marry again

Q: What is procedure to obtain police protection after court marriage?

Sir My name is Ishu Tyagi . I want to merry with a girl and she's also want. Sir my question is after court marriage what can I do for police protection against family torchure . Sir hmari family hmko maar bhi skti hai , so pls tell me for police protection procedure My name is ishu Tyagi 23yrs old , religion Hindu and my gf also Hindu But it's intercaste metter pls help me

Advocate Anuj Handa answered
You will have to file a Writ Petition before the Hon'ble High Court seeking a direction to the police to provide protection to you. In the petition, the parents and family members would also need to be imploded as parties.

Q: Domestic violence and husband treating badly mentally what to do?

Hi there, I'm writing this to know that what to do when husband start treating you slave. As I get to married in July 2016 -court marriage only and my husband start treating me like slave. I tried my best to convince him to not to treat me like slave I'm his life partner but he had no words limit. He made me cry all the time , sometimes he said for divorce and sometimes he said not to file that. He is living in the manila, philippines and was there a month before and he is working there and also doing some illegal business which is not registered. Just because of that business he make me in trouble without my any mistake. Now, he said that he will file the divorce paper but I think there is no law to spoil the life of there's. I'm totally dependent on him and he blocked the communication . Can you please me in this case what should I do. I'm helpless.

Advocate Anuj Handa answered
Hi, some more details would be needed as to in what manner he treated you like a slave, what is the exact nature of ill-treatment, is he abusive or, when he is in India, has he been violent? What is the role of your family and his family in all this? Also, I would need to know as to whether he has any assets in India.

Q: Seeking Child custody in a mutual divorce case.

We have filed mutual divorce in dwarka court in jan and done with the first motion.I am the wife and i gave the custody of my one year old son to my husband as his parents stay with him and my parents are in kolkata and i do a mnc job wid odd shift timings.Now i got a job in kolkata and my parents can take care of my child.So i want to take the custody of my child.our second motion is in july.What is the procedure ?do i have to give any legal notice .is it still in my hand to get the custody of my child or discretion of court .pls note our 1st motion is done not second motion

Advocate Anuj Handa answered
It is technically difficult to get custody of your child now, considering you would have made a statement waiving custody rights. Now the only option available is (a) to talk to the other side if they are willing to give custody in the best interests of ht child or (b) to rescind the settlement with all accompanying consequences as may be recorded in the First Motion Statement/ Memorandum of Understanding.

Q: Husband not having property,job what will be the decision ofCourt

Crpf 125 What will be the action by court? 1.I don't have job, property, home neither my parents have any home or property? 2. If my mom & I am having joint account and fixed deposit & my mother is a first holder , can court freeze this account? 3.can court recover maintainance from parents pention?

Advocate Anuj Handa answered
Reply to Query 1. Maintenance can still be awarded under 125 Cr.P.C. in case the court feels that he is trying to conceal his income or is not working only to avoid maintenance. Reply to Query 2. The Fixed Deposit held jointly with the mother can be attached, even if the mother is the first holder. Reply to Query 3. Maintenance cannot be recovered from the parents' income.