Advocate Abhishek Mittal

Questions Answered by Advocate Abhishek Mittal

Q: Can i marry with my mothers sister daughter

First of all I want to clear. I'm adopted child for my parent. So can I marry with my mother's sisters daughter legally.

Advocate Abhishek Mittal answered
DEAR,As per law, you cannot marry with your cousin sister as it is prohibited by Hindu Marriage Act, 1955. Moreover, an adopted child have same obligations/liabilities as natural born son.RegardsAbhishek MittalAdvocate

Q: What to do if my father is repeatedly harassing our family

My father has harassing us for the past many years. He ill treats his wife. He has beaten her many times. She is also a psychiatric patient. My father has also been having a extra marital affair for the past many years. Now for the last few months he has been harassing his daughter and me also. Please suggest us some way out as we live in constant fear. We are so scared that we might commit suicide someday if this goes on for more time.

Advocate Abhishek Mittal answered
DearYou can lodge an FIR in police station or file complaint in the court..., simultaneously your mother can file divorce petition on the ground of cruelty. HoweverRegardsAbhishek MittalAdvocate

Q: Husband wants to get separated but I want to stay with him

Sir/ mam My husband is living in Australia from the last 4 years We get married on 21/3/2017 in the precence of all my family members and near dear After 2 months of our mariage my husband returned back to australia to join his college becz he was on study visa that time After some time he applied for my spouse visa in sep 2017 After that he gave me so much excuses about my visa And now he said that he is in relationship from last 7 months, the girl is an Australian And she is pregnant also Now my husband wants to separate from me . Bt I don’t want to give him divorce .I want him back in India .So what should I do ? Pls suggest me via mail . We both are Hindu family 

Advocate Abhishek Mittal answered
DearYou can file a petition U/s 9 of Hindu Marriage Act, 1955 in the District/Family Court for the restitution of conjugal rights

Q: Is there a court process to follow to carry out living in relationship

 i have some question over this topic please help me out the questions are below 1. is there any court process for a livin relationship if any please describe the steps 2. if couple is in relationship and at that time of relation they not satisfy with their current life what is the process to break up . thanks for your help . with regards 

Advocate Abhishek Mittal answered
There is no court process for the recognition of live-in relationship.The Hon'ble Supreme Court in {Velusammy vs Patchaimal and Indra Sarma vs VKV sarma] has laid down certain guidelines about the relationships which will be recognised as live-in relationship and the conditions required to be satisfied for the same.The aforesaid judgments will solve your all the queries.

Q: Share in father's property after getting Disown from property

Hello , My Mother died in 2003 , i have a father ,younger brother . i was married in 2006, after marriage me and wife moved out after some time and due to fear of dowry case my father disowned me and my wife by publishing the Bedakhali notice in newspaper and getting a affidavit typed for the same, my Younger brother is in possession of the same. my father got sick recently and i visited him few times.father died last month. younger brother is not giving me property and is showing me the notice of disowning and saying you dont have any right in the house made by father. what can i do? do i have a chance to claim 50% in the house? (house was bought by father) and what legal action i can take to do that? Thanks, Kunal

Advocate Abhishek Mittal answered
You can claim half of the share in ur father's property as per Hindu Succession Act, 1956... Separation will not affect u.... As the law has been changed after the passing of the said act. Before 1956 the law was different.