Advocate B. Srikiran

Questions Answered by Advocate B. Srikiran

Q: Is it legal to remarry without taking divorce from the first spouse

She has been married to a person with the family pressures.But she does not want to live with him. She is saying to remarry again with me.She is not able live with him.She is saying that to going for a Arya-Samaj and to marry me.Is this the right way?

Advocate B. Srikiran answered
Dear,No. It is not the right way. It is illegal to remarry without taking divorce from the first spouse. If she is not been able to live with her husband, ask her to obtain divorce from her husband legally by filing divorce petition in the jurisdictional family court. If you marry her without she getting divorce from her husband, you both could land in trouble.

Q: Can I fill defamation suit against wife for filing false 498a case

I filled HMOP against my wife due to she was mentally disabled some times she tried sucide attempts. I requested two years her parents and her for doctor treatment. But they are not agreed. That's why I filled HMOP in 2015 after six months she filled 498a fake case against me. with her parents influence. Her parents and she agreed case filled with her parents in cross-examination and charge sheet also know case discussed in court. Please let me know can I fill defamation suite against her parents because I losted my job and social respect. What should I do?

Advocate B. Srikiran answered
Dear,You can file a defamation case against your wife only if you are acquitted in the Section 498 A IPC case. Let the case be decided in your favor. Once the case is dismissed and you are acquitted from the trumped up charges, you can immediately file criminal as well as civil defamation case against your wife.

Q: How to Cancel Sale Agreement (The buyer failed to meet the conditions)

Hi ,I owned a plot and wanted to sell the plot. The buyer gave me some amount for initial deposit to secure the plot and we wrote sale agreement in which the buyer has to pay me the rest of the money in 3 moths then I have to register the plot for him which is happened on the 20Rs bond paper. The buyer has failed to pay me the money. He is keep on extending from more than 2 months now. I lost hope on him . How can i cancel this sale agreement?

Advocate B. Srikiran answered
Dear,If the buyer is not coming forward for paying the rest of the sale consideration amount, you can terminate the said sale agreement as per the terms and conditions of the sale agreement ( there should be a termination clause in the agreement) by issuing the buyer a legal notice stating that since he did not pay the rest of the sale consideration amount, you are no more interested in selling the plot to him and that the sale agreement is being terminated. Hope this helps.

Q: Terms and conditions of the bailable offence

Can bail granted in bailable offences be cancelled on the grounds that accused is committing similar offence and threatening witnesses after enlarging on bail? What is the provision for cancellation of bail granted in bailable offence? Can any conditions be imposed while granting bail in case of bailable offense like not to commit similar offence etc.? Can magistrate reject second bail in bailable offence on the ground that accused commits similar offence again and threatens witnesses? What is the remedy available to complainants if accused who is on bail commits similar offense and threatens witness(the police are on the side of accused)?

Advocate B. Srikiran answered
Dear,Bail is a right of accused in bailable offences.When any person other than a person accused of a non- bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail: Provided that such officer or Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance. However,where a person has failed to comply with the conditions of the bail- bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under Section 446 Cr.PC.

Q: What to do if wife mentally torturing my family

Dear Sir/Madam, My wife was a fraud person she was already divorce and married me .she has very bad mentality and crueality towards husband nd his family .she and her family are money minded and cheaters and rowdy fellows recently .my wife called up her brother and some friends beated me badly nd took my mobile and money ..and i have complained to the police .i had not done any mistake but she putting fake eligations tat i beated her but i never did tat...police also belived tat i not did anything bad to her but noone taken any action on her and brother but directed us to women cell...after this incident i left house where we both use to stay and living with my parents ..now yesterday she taken all gold my clothes and all household items which all are my earning by booking vans .i tried to stop her but her family brothers all pushed me out ..i was hopeless and became alone...to fight with those people...police are not taking any action againist them ..how can i get justice...pls help

Advocate B. Srikiran answered
Dear,If wife is mentally torturing you and your family and police is not taking any action against her, how can you live with her? If your marriage is one year old and you have all the documented proof of her cruelty, file for divorce under the ground of cruelty and proceed further.