Advocate Jairam Chandnani

Questions Answered by Advocate Jairam Chandnani

Q: How to avoid Love marriage of daughter.

What legal precautions should be taken as a parent, if our daughter wants to marry someone,who is not worth of her,so that we can avoid the marriage.

Advocate Jairam Chandnani answered
In India, if a woman is a major (18 years or older), she has the right to marry whoever she chooses. The parents cannot legally stop the marriage. However, they can express their concerns and provide their daughter with guidance and support, but ultimately the decision of whom to marry is the woman's own choice.The parents can consult with a lawyer and seek legal advice on the best course of action to take in such a situation.The information provided through this platform is for general informational purposes only and does not constitute legal advice. The information contained in this response is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon this information without seeking professional counsel. The information contained in this response may be considered advertising under applicable laws.

Q: Can universities revoke degrees for late fee payment?

When I was in college my family suffered losses in business due to which my fees were outstanding until after I graduated and started working. The amount was in lakhs and I paid off the outstanding amount mentioned by my college only after which they released my degree and certificates. Now, a year later they’ve suddenly come to me asking for more money saying they can’t find the record. I have it in writing that X was my total outstanding and paid off. nnI believe the college is just exploiting me because they know I’m single handedly taking care of my family and don’t have the means to go to court. This is a reputed university. Even if I do pay this amount (again in lakhs) I don’t know where this constant demand for money will stop. nnCan the college revoke my degree on this basis?

Advocate Jairam Chandnani answered
The college cannot legally revoke your degree based on this situation. However, you may consider taking the following steps to protect your rights:Request for written proof: Ask the college for written proof of the additional amount they are claiming you owe and the reason for the same.Review the original agreement: Review the original agreement you had with the college to see if there are any provisions that support the college's demand for additional payment.Consider legal action: If you believe the college is exploiting you and their demands are unjustified, you may consider seeking legal advice and taking appropriate legal action to protect your rights.It is advisable to approach this situation carefully and seek the help of an attorney if necessary to ensure that your rights are protected.

Q: HiI am the Secretary of the society and have recently submitted my resignation t the Chairman. The

HiI am the Secretary of the society and have recently submitted my resignation t the Chairman. The Treasurer also submitted his resignation with me as we both are not able to devote the required time due to our professional / academic commitments and extensive domestic travelThe Chairman is not accepting our resignation and is stating that there are certain audits under Section 83 and 89 underway and we both cannot leave the committee in between. The current strength of the Managing Committee is just 8 (7 General + 1 woman) as there are no other category candidates and no other person from society is ready to come onboard. So if we leave then the Registrar believe will take over the administrationWhat can we both do? Do we write to the Deputy Registrar about this? The Chairman is dictating and stating she will not let us go and will not accept our resignation as we can't leave the society committee in between. She states she will make sure we are also blamed for the wrong

Advocate Jairam Chandnani answered
As the Secretary and Treasurer of the society, you both have the right to resign from your positions if you are unable to fulfill your duties due to personal or professional commitments. If the Chairman is not accepting your resignation and is dictating terms, you may consider seeking legal advice to understand your rights and obligations in this matter.It may also be appropriate to write to the Deputy Registrar and explain the situation, seeking their guidance and assistance in resolving the matter. It is important to act in a manner that is in accordance with the laws and regulations governing your society.

Q: Husband can file divorce petition where he living

if husband is living in another district from 4 years . Can husband file divorce petition in current district ?

Advocate Jairam Chandnani answered
Jurisdiction to file divorce in India under Hindu Marriage ActThe jurisdiction to file for divorce under the Hindu Marriage Act in India is determined by the provisions of Section 19 of the Act. According to this section, a petition for divorce can be filed in a court in India under the following circumstances:If either the husband or the wife resides in the jurisdiction of the court.If the marriage was solemnized in the jurisdiction of the court and either the husband or the wife has resided there for at least one year immediately preceding the filing of the petition.If the cause of action, wholly or in part, arises within the jurisdiction of the court.It's advisable to consult with a legal professional in India to determine the appropriate jurisdiction for your brother's divorce case.

Q: Validity of Exparty divorce in India, while a case already filed in US

My brother 45 yrs nd his wife were US citizens. A divorce case filed in 2012 in US. He later, gave up US citizenship and now settled in a India for the past 7 years and is permanently settled here to support aging parents.He filed for exparty got a decree in India as his wife was not willing to give divorce and both of them do not want to continue martial relationship. nExparty in India granted Feb 27 2019. Notices prior to exparty case were sent to his wife , via email on which both communicate occasionally till date, as they share a 13 year old son. There is no response to notice shared via Indian case nor is she is willing to close the pending case in US.Meanwhile my brother getting an exparty decree apostled with a view to submit the same in US court, to close the US case asap.Indian Exparty decree clearly mentions - decision on maintenance and custody of child is not being dealt in the Indian decree. nGiven, above he wants to remarry. Can he do so basing Indian exparty decree?

Advocate Jairam Chandnani answered
Your brother can potentially remarry based on the Indian ex-parte decree, but it's important to note that the divorce decree from India may not be recognized in the US and the US divorce case is still pending. As the US case is still open, the decision on maintenance and custody of the child has not been dealt with in the Indian decree, it would be best to consult with a legal professional in both India and the US to determine the best course of action and to ensure that all legal requirements are met.