Advocate Sunita Bafna

Questions Answered by Advocate Sunita Bafna

Q: In-laws not allowing to meet and stay with my parents vacation

Please let me know the rules and laws for the married women. Can she go for vacation to meet her parents as they are staying away from munbai? As everytime I want to go, they refuse to allow me and we all fight together for the same issue. My husband and mon-in-law says, now u have to think only for ur husband and his family. Please let me know the rights the married women should have after marriage.

Advocate Sunita Bafna answered
getting married does not mean that you surrender all your freedom . it is your right to go and meet your parents and your husband cannot prevent you from that . this may also amount to domestic violence as they are not allowing you to go to your parents place .

Q: Regarding registration of marriage twice with same person

Can i register my marriage twice with same person ? 1st in court and 2nd in local municipal corporation.

Advocate Sunita Bafna answered
Marriage is registered before the Marriage Registrar and not before the Court. Further such power of Marriage Registrar is given to the Municipal Corporation, who can register the marriage. Different states have different rules with respect to marriage registration, therefore I need to know which state you belong, to so that I can guide you further.

Q: False 498a/DV/Maintenance Case By Fraud Wife & In-Laws

BACKGROUND : Met the girl though matrimonial site. My brother married her in her own state where she lives. After 30 days, she fled with all the jewelry (her own and the ones we gave her). Filed a false 498a/DV/Maintenance case in her state.All allegations in her complaint are the general trash (physical/mental torture, physical/verbal/mental abuse, etc.) & vague, no date, day etc.CASE STATUS :- Maintenance : Rejoinder-DV : Appearance-498a : InvestigationQUESTIONSQ1) Can we get exemption from physical attendance due to long distance, including my brother? Their city is 1200kms away from our city.Q2) We have CCTV footage of her fleeing the house with all her luggage (1 suitcase, 1 bag, 1 handbag, she is also wearing all her jewelry) when we were not present. Also, full day footage of her when she lived with us. We have CCTV everywhere except the bedroom and toilet. Can we use this & free ourselves from this wretched woman & can we quash on the false cases based on CCTV footage ?

Advocate Sunita Bafna answered
You can file a police complaint that she has stolen and fled with all jewellery and valuables. you have not mentioned whether or not the FIR has been registered u/s 498A, and whether the same was submitted for counselling before Family welfare cell or some thing of the sort. In case if the FIR is registered need to take ABA and also based on the facts go for quashing the FIR. You need not attend all the dates of hearing and your Advocate may seek exemption on some dates.You will have to file for divorce to get rid of her.

Q: Domestic violenece,bigamy dowry demand,second marriage

1.If person performs second marriage with all ceremonies, without taking lawful divorce from first wife and hiding the fact of his first marriage can be punishable under bigamy?2.What about second wife and all other relatives who attends the marriage?3.Whether they are also punishable same as the husband?

Advocate Sunita Bafna answered
They can also be indicted if they were aware of the true facts and in spite of that and in furtherance of the said offence they took part in the same. The said offence of Bigamy is punishable upto 7 years of imprisonment u/s 494 of IPC.

Q: I am a Hindu with wife three daughters and a son.

My daughters are married and well provided.I want to bequeath my properties to my wife and on her death to my son.Is it possible

Advocate Sunita Bafna answered
Dear ClientYes life interest in your self acquired properties can be given to your wife. and on her death the same can be bequeathed to your son. Are the properties your self acquired or ancestral.