Advocate Allwin Rusell Victoria

Questions Answered by Advocate Allwin Rusell Victoria

Q: What is the procedure for court marriage

I am hindu hindu boy age 27+ want to marry a hindu girl age 20+ we are in relation and want to marry but girls parents are against our relation and marriage but we want to do court marriage secretly so please tell us the legal formality for the same in jammu city as we are not aware of any legal procedure .also tell us all the things after court marriage like how much time we have to hide this thing from society and in case parents we will get to know and our security in case girls parents will rstill remains against us after knowing this

Advocate Allwin Rusell Victoria answered
First tell how old are you and how old is your lover... If both of you are major go for intercaste marriage.. Are you a christian or hindu.. what is the religion of your lover... your question has no correct particulars...

Q: Riding bike without helmet what is the law

Dear Sir, i was riding a bike without helmet and caught by Traffic police and asked for spot fine of rs 100. i said i don't have the money give me the challen and i will pay in court but the traffic police said that no no its a supreme court order you should pay fine here or leave the bike and go to home and bring the money.at this case what can i do and what is the law states please help me

Advocate Allwin Rusell Victoria answered
you and pay the fine in court.. you can ask for the chalan and it is the duty of the police to hand over the chalan to you if you request for so... Also the Traffic police hesitate to handover the bike for fear that you will not pay the fine.

Q: Can a case be filed for dessertion of wife

X marries Y and live for 28 yrs together in Chennai. Later as X becomes a drunkard, X and Y legally get mutual divorce as per Hindu Marriages Act 1955 as on 31.07.2007 Later X marries Z and settles in Kerala in Dec 2007. On 01.08.2012 X gets admitted in an hospital in a drunkan state and Z gives the hospital officials Y contact details and abandons X in the hospital. When the hospital officials calls Y she says she has nothing to do with X and for payment of hospital bills extra you may call Y Hosipital calls Y and Y goes and settles the bills and brings X back home in Dec 2012 and X dies in 2016 after living with Y for more than 4 yrs. All final hindu rites are done by her son and she starts to gets family pension for 4 months Now Z claims for the family pension of X stating she is the legal wife and she alone is eligbible for pensin wheras she has deserted him in 2012 and her wherabouts where not known CAN -Y- FILE A CASE OF DESERTATION in the absence of Z who has expired

Advocate Allwin Rusell Victoria answered
If Z whereabouts are not known, then Y is eligible for the pension of X.... you have to see the nominee who have been appointed by X.. desertion can be filed only by wife upon the husband or the husband upon the wife..

Q: Daughters right in Fathers Intestate property

I am a hindu woman. Whether a woman married before 1986, has equal rights in her father's property who died in 2007, without leaving a will

Advocate Allwin Rusell Victoria answered
Your father has not written any will.... It is called as died intestate.. .. you have equal rights in your father's property... you have not given any description regarding members in your family... you have a share ....

Q: What is the procedure for getting divorce

I want to get divorce . I am a Christian. But my husband told that he will sign the papers whatever i give. But he won't appear for hearing. In this situation how can i get divorce

Advocate Allwin Rusell Victoria answered
Christians can file DOP... Before it was IDOP... You just file DOP in any District Court of your native District.... It is well and good if your husband does not appear.... It is called as exparte decree.. Court summons and if your husband does not appear you will be granted divorce... do not worry... best of luck.. please contact Law Rato for any assistance.