Advocate Abhinav Bhatt

Questions Answered by Advocate Abhinav Bhatt

Q: I am doodhnath yadav from Jamalpur kaji,po Nizamabad, district Azamgar

My son promod kumar yadav wants to marry a Christian girl from Manipur state who was his college friend. Can they register their marriage in the court of tehsil registrar or sub registrar. Please advise for the required documents and procedures to be followed.

Advocate Abhinav Bhatt answered
On the facts stated, you should not presume that you are legally “unmarried” merely because the marriage took place several years ago, your parents were unaware of it, or the man subsequently left and allegedly used a false identity.The legal status primarily depends upon whether a valid marriage was actually solemnized in accordance with the applicable law and requisite ceremonies. An Arya Samaj certificate may be relevant evidence, but the certificate alone may not conclusively determine the validity of the marriage. The circumstances surrounding the ceremony, documents submitted, identity of the parties, applicable personal law, and other relevant evidence have to be examined.If the person used a false name or identity and the essential requirements for a valid marriage were not fulfilled, there may be legal grounds to challenge the alleged marriage. However, this cannot safely be presumed without examining the available facts and documents.The passage of five years and the fact that the person has disappeared do not, by themselves, automatically terminate a legally valid marriage. Therefore, entering into another marriage without first establishing the legal status of the earlier marriage may create avoidable legal complications.Accordingly, before proceeding with another marriage, the concerned person should obtain a proper legal assessment of the earlier ceremony and available records.For specific legal clarification based on the facts, documents and circumstances of the individual case, you may contact me for professional consultation.Adv. Abhinav Bhatt

Q: Regarding fraudulent Arya samaj mandir

I met a guy 6 yrs ago, my parents liked him too. After a yr he asked me to first marry in arya samaj mandir & i did it and didn't tell my parents. My father before fixing marriage did a background check on him, he turned out to be fraud. When he got exposed he ran away with my money. I then went to Arya samaj mandir & told them the matter that he gave a fake name & ID card. My parents are asking me to move on. It's been 5 yrs. Can I marry without any problem? Am I unmarried legally?

Advocate Abhinav Bhatt answered
On the facts stated, you should not presume that you are legally “unmarried” merely because the marriage took place several years ago, your parents were unaware of it, or the man subsequently left and allegedly used a false identity.The legal status primarily depends upon whether a valid marriage was actually solemnized in accordance with the applicable law and requisite ceremonies. An Arya Samaj certificate may be relevant evidence, but the certificate alone may not conclusively determine the validity of the marriage. The circumstances surrounding the ceremony, documents submitted, identity of the parties, applicable personal law, and other relevant evidence have to be examined.If the person used a false name or identity and the essential requirements for a valid marriage were not fulfilled, there may be legal grounds to challenge the alleged marriage. However, this cannot safely be presumed without examining the available facts and documents.The passage of five years and the fact that the person has disappeared do not, by themselves, automatically terminate a legally valid marriage. Therefore, entering into another marriage without first establishing the legal status of the earlier marriage may create avoidable legal complications.Accordingly, before proceeding with another marriage, the concerned person should obtain a proper legal assessment of the earlier ceremony and available records.For specific legal clarification based on the facts, documents and circumstances of the individual case, you may contact me for professional consultation.Adv. Abhinav Bhatt

Q: How disowning son can save other relatives from his bad deeds

Son is doing bad acts while staying in parental property. Other relatives also facing issues because of all this. He has been to jail also but even after returning he has no remorse. If legally parents disown him, will it save everyone from any legally issues in which he will be involved

Advocate Abhinav Bhatt answered
If an adult son is involved in unlawful or objectionable activities while residing in parental property, and his conduct is causing difficulties or legal concerns for other family members, the parents may take appropriate legal steps to sever their association with him and publicly declare that they do not support, authorize, or take responsibility for his independent acts.However, merely disowning a son through a public notice or declaration does not automatically provide complete legal immunity to the parents or other relatives. If the son subsequently becomes involved in any criminal or civil matter, the authorities may still examine the facts and circumstances to determine whether any other family member had knowledge, participation, assistance, authorization, or involvement.At the same time, relatives cannot ordinarily be held legally responsible merely because they are related to the person or because he previously lived in the parental property. Criminal liability generally depends upon the individual's own acts or legally established participation.Therefore, where the parents genuinely have no involvement in the son's activities, it is advisable to maintain clear documentary evidence that he acts independently and that the parents neither authorize nor support any unlawful activity carried out by him.The exact legal position depends upon the ownership of the property, the son's status and conduct, and the applicable law.For specific legal clarification based on the facts and documents of the particular case, you may contact me for professional consultation.Adv. Abhinav Bhatt

Q: Legal Clarification Regarding Disclosure of Court Marriage and Marital

I seek legal advice regarding whether a person who has legally married through court marriage must disclose “Married” status in government job applications. If the person selects “Unmarried” to maintain privacy, would it constitute a false declaration, and what legal or employment consequences could arise from such disclosure?

Advocate Abhinav Bhatt answered
A person who has legally solemnized a marriage through a valid court marriage is, in law, a married person. Therefore, where a Government Job Application, Attestation Form, Declaration, or Verification Form specifically asks the applicant to disclose his or her marital status, selecting “Unmarried” despite being legally married may amount to a false declaration or suppression of material information.However, an important distinction must be made between non-disclosure of information that has not been asked for and giving a false answer to a specific question. If the recruitment/application form does not ask about marital status, a candidate would generally not be required to voluntarily disclose private matrimonial information merely because he or she is legally married. On the other hand, if the form expressly requires the applicant to choose between “Married” and “Unmarried”, the truthful status should ordinarily be disclosed.The consequences of an incorrect declaration depend upon the applicable recruitment rules, service rules, the exact wording of the declaration, the nature of the post, and the circumstances in which the information was provided. Depending on the case, consequences may include cancellation of candidature, withdrawal of an appointment, or departmental/disciplinary proceedings after appointment. The mere intention to maintain privacy does not ordinarily convert an objectively incorrect declaration into a truthful one.The Supreme Court has also emphasized the importance of examining whether the information was actually sought in the relevant verification/attestation form and whether the alleged suppression was material to the recruitment process.Accordingly, before making any declaration, the candidate should carefully examine the recruitment notification, application form, attestation/verification form, and applicable service rules.For a specific case, the exact legal position can only be determined after examining the relevant documents and facts. For detailed legal clarification or professional consultation regarding your particular Government Job Application, you may contact me with the relevant application form and recruitment notification.Adv. Abhinav Bhatt