Advocate Rajneesh Kumar

Questions Answered by Advocate Rajneesh Kumar

Q: i want to take divorce from my wife.

sir meri shaadi ko sirf 8 mahine huye.meri wife shaadi ke chaar din baad se hi mere sath aur meri ma aur bhai ke sath bahut galat behaviour karti hai, gali galauj aur maar peet par utaru ho jati.usse kuch kaho ya samjhao to marney ki dhamki deti hai aur 5 baar koshish bhi kar chuki..phenyl peena, gala dabana,nash katna,diwal par hath sir patakna..sab kar chuki. mujhe jhoothey case mein fasane ki dhamki bhi deti hai..uske ghar wale bhi dhamki dete...main uske sath ni reh sakta..please guide me si

Advocate Rajneesh Kumar answered
अभी आपकी शादी को 1 साल नहीं हुआ है इसलिए आप डायरेक्ट तलाक का मुकदमा दाखिल नहीं कर सकते हैं। बेहतर होगा आप पहले धारा 9 हिंदू विवाह अधिनियम के अंतर्गत मुकदमा दाखिल करें। और उसमें अपने सभी एलिगेशन मेंशन करें। जो बाद में आपका तलाक के मुकदमे का आधार बनेगी। अधिक जानकारी के लिए आप मुझसे संपर्क कर सकते हैं।

Q: Family not giving rights on my father’s property

Gettng harassed by mother, brother and sister in law verbaly emotionaly economically because i asked for my rights on father's property

Advocate Rajneesh Kumar answered
father ki death ho chuki hai, aur unhone apne jivit Rahte Hue Koi vasiyat Nahin Ki Hai, to sabhi barishon ka usmein barabar ka Hak hai, Agar Parivar ke Anya sadasya aapko vanchit rakhte Hain, To aap civil mukadma dakhil kar , jismein sabhi barishon ko party banana hoga , aapko apni property ke paper ke sath civil layer Se Milkar mukadma dakhil Karana Padega !

Q: marriage with second cousins in Hindu religion. Is it legal?

I and my second cousin are in a relationship since last three years. ..he is my mother's sister's son...now we are planning to get married...is it legal or illegal.we know it will be a great task to convince our parents or to even talk to them about it.so what all rules and norms are related to this ..plz guide we are brahmins .

Advocate Rajneesh Kumar answered
Aap aur aapki mother's sister's son. ek dusre k sampind hai. isliye Hindu law k according aapki marriage nahi ho sakti hai. Hindu law k Aarekh-9 k according Aap ek hi sampind me h. Jo marriage KO illegal karta h....Aap Advocate se personally milkar details advice me to thik rehega... thank you.. Adv Rajneesh Kumar

Q: Property issue with cousin. How can we resolve the issue?

meri family me property ka distribution ho gaya hai per humare cousin abhi bhi property ka distribution chahte hai humari zameen per kheti hoti hai per wo hume humari zameen per kuch nahi karne de rahe.. me kis tarah is per legal action le skti hu..

Advocate Rajneesh Kumar answered
Aap kisi civil lawyer ki madad le sakti. but iske liye aapko aapni property k paper ke sath lawyer se personally milna padega. agar property joint family property h to aap uska judicial sapreation bhi Kara sakti jis se baad me aapko koi problem na ho. but expert opinion to property k paper dekh kar hi di ja sakti h. aap pepar ke sath mile....

Q: What are my rights if i was in a relationship for 7 years?

I have been in a relationship of seven years with a guy who committed me for marriage bt all of sudden his cel off and no contact at all by last 15 days.what should i do i dont want to involve my family

Advocate Rajneesh Kumar answered
LEGAL STATUS OF LIVE IN RELATIONSHIPThe definition of live in relationships is not clear and so isthe status of the couples in a live in relationship. There is nospecific law on the subject of live in relationships in India.There is no legislation to define the rights and obligations ofthe parties to a live in relationships, the status of childrenborn to such couples. In the absence of any law to definethe status of live in relationships, the Courts have comeforward to give clarity to the concept of live in relationships.The Courts have taken the view that where a man and awoman live together as husband and wife for a long term,the law will presume that they were legally married unlessproved contrary.The first case in which the Supreme Court of India firstrecognized the live in relationship as a valid marriage wasthat of Badri Prasad vs. Dy. Director of Consolidation, inwhich the Court gave legal validity to the a 50 year live inrelationship of a couple.The Allahabad High Curt again recognized the concept oflive in relationship in the case of Payal Katara vs.Superintendent, Nari Niketan and others, wherein it held thatlive in relationship is not illegal. The Court said that a manand a woman can live together as per their wish evenwithout getting married. It further said that it may beimmoral for the society but is not illegal.Again in the case of Patel and Others., the Supreme Courthas held that live in relationship between two adults withoutmarriage cannot be construed as an offence. It further heldthat there is no law which postulates that live inrelationships are illegal. The concept of live in relationshipwas again recognized in the case of Tulsa v. Durghatiya.In the case of S. Khushboo vs. Kanniammal & Anr., theSupreme Court held that living together is a right to life. Livein relationship may be immoral in the eyes of theconservative Indian society but it is not “illegal” in the eyesof law. In this case, all the charges against Kushboo, thesouth Indian actress who endorsed pre- marital sex and livein relationship were dropped. The Court held that how can itbe illegal if two adults live together, in their words “livingtogether cannot be illegal.”However in one of its judgment Alok Kumar vs. State, theDelhi High Court has held that live in relation is walk in andwalk out relationship and no strings are attached to it. Thiskind of relationship does not create any legal bond betweenthe partners. It further held that in case of live inrelationships, the partners cannot complain of infidelity orimmorality.Again giving recognition to live in relationships, the SupremeCourt in the case of D. Velusamy v. D. Patchaiammal hasheld that, a ‘relationship in the nature of marriage’ under the2005 Act must also fulfill some basic criteria. Merelyspending weekends together or a one night stand would notmake it a ‘domestic relationship’. It also held that if a manhas a ‘keep’ whom he maintains financially and uses mainlyfor sexual purpose and/or as a servant it would not, in ouropinion, be a relationship in the nature of marriage’.The court made it clear that if the man has a live-inarrangement with a woman only for sexual reasons, neitherpartner can claim benefits of a legal marriage. In order to beeligible for ‘palimony’, a relationship must comply withcertain conditions, the apex court said. The followingconditions were laid down by the apex Court:The couple must hold themselves out to society as beingakin to spouses;They must be of legal age to marry; they must be otherwisequalified to enter into a legal marriage, including beingunmarried;They must have voluntarily cohabited for a significantperiod of time.Conscious of the fact that the judgment would exclude manywomen in live-in relationships from the benefit of theDomestic Violence Act, 2005, the apex court said it is notfor this court to legislate or amend the law. The parliamenthas used the expression ‘relationship in the nature ofmarriage’ and not ‘live-in relationship’. The court cannotchange the language of the statute.