Advocate Alok

Questions Answered by Advocate Alok

Q: 19F escaping toxic home, need legal protection

URGENT: 19yo female escaping toxic/abusive home. Parents forcing MBBS (5yr trap). I have a remote work contract with a friend's firm (NDA signed); his identity must stay secret. I will inform police & leave a note stating I left voluntarily as a legal adult. Am I protected? Can they force me back? How to prevent false kidnapping charges against my friend?"

Advocate Alok answered
As an adult aged 19 years, you possess full legal right to self determination, freedom of movement, and choices regarding your education and residency. Nobody can legally force you to return home or pursue a course against your will.To protect yourself and shield your friend from false missing person or kidnapping allegations:- 1. Visit your local police station in person and submit a declaration stating clearly that you are leaving your parental home voluntarily due to personal reasons, as a legal adult of sound mind and you are presently not missing, abducted or unlawfully detained. Ensure you obtain an official acknowledgement or stamped copy of this application. 2. Leave a signed note for your family that you have left willingly and request them not to interfere. 3. Provide a recorded statement or affidavit of your friend to police stating he has not abducted you or forcefully detained. 4. If you face harassment, fear, threats, file a petition of protection before the Hon'ble High Court

Q: Recognition of Swedish mutual divorce decree under Sec 13 CPC for OCIs

Hindu marriage was solemnized in India and civilly in Sweden. Both spouses are now Swedish citizens holding OCI and domiciled in Sweden. The marriage was dissolved mutually by a Swedish District Court on a joint petition with full legal force, and property division was executed. No children. Under Section 13 CPC and Supreme Court precedents, is this foreign decree conclusive in India? Can either party maintain any fresh divorce or maintenance claim in an Indian Family Court?

Advocate Alok answered
Under Section 13 of CPC , a foreign judgment is conclusive in India unless it falls under exceptions a to f. Since, the foreign decree was obtained by a foreign court of competent jurisdiction, Sweden, where both the parties are citizens and domiciled, on a joint petition with mutual consent, and property settlement was executed, the judgment satisfies the requirements set out by Supreme Court of India in Y. Narasimha Rao vs. Y. Venkata Lakshmi (1991). Since both the parties jointly petitioner for divorce in Sweden, neither party can contend that the decree violated the principles of natural justice or of the principles contained in Section 13 of Code of Civil Procedure. Thus, the foreign decree is conclusive and valid in India. Regarding fresh claims, neither spouse can maintain a fresh divorce petition or maintenance claim in any Indian Family Court, any such fresh petition would be barred by the principle of res judicata under Section 11 of CPC and estoppel

Q: Regarding fraudulent Arya samaj mandir

I met a guy 6 yrs ago,my parents liked him. After a yr he asked me to 1st marry in arya samaj & i did & didn't tell my parents. My father before fixing marriage did 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 & told them that he gave a fake name & ID card & did this with multiple women. It's been 5 yrs. Can I marry without problem? I talked to a lawyer & he said that I don't need to nullify it & im legally unmarried

Advocate Alok answered
Respected Mam, the advice previously given to you is legally risky. You should NOT marry another person WITHOUT resolving this officially through legal channels. Under Section 12(1)(c) of Hindu Marriage Act, a marriage obtained by fraud, such as using a fake name or false identity, is VOIDABLE. While fraud based marriage is legally defective, it does not disappear automatically-it remains valid on record until formally set aside by a Family Court.Remarrying without a decree of nullity or divorce exposes you to charges of BIGAMY under section 82 of BNS You should immediately file a complaint/FIR for fraud, cheating, impersonation and theft against the individual using his physical description and fake creditentials.1. File a petition for Decree of Nullity in a Family Court to declare the Arya Samaj marriage null and void on grounds of fraud and impersonation. 2. Once court issues a declaration/ decree you are legally clear to marry without future legal complications

Q: Divorce decree declaration suit

If mutual paper divorce has done at lucknow. Is it possible that i as a female can apply for the decree of the divorce at the place of present residence, other then the place of divorce agreement.

Advocate Alok answered
First,please note that an out of court mutual paper divorce or a private agreement executed on stamp paper is not legally valid or recognized in India under the Hindu Marriage Act, or most personal family laws, A valid divorce can only be granted by a competent Family Court through a court decree. As a female/ wife you can definitely file a divorce at the place of your present residence, even if the Marriage took place elsewhere or the prior paper agreement was signed in Lucknow. Under Section 19 (iii-a) of the Hindu Marriage Act, a petition for divorce or judicial separation can be presented before Family Court within the local limits of whose jurisdiction the wife resides on the date of presenting the petition. Legal remedy- File a petition for Mutual consent divorce under Section 13-B of Hindu Marriage Act. If spouse is uncooperative, you can file a petition for divorce under Section 13-A in the Family Court

Q: Mujhe Janna h ki mai kya karu ab

Mere pati ne mujhe cheat kiya h mere hote hue usne dusri sadi kr li h or mujhse ab sahi se baat bhi ni krta hai mujhe ab usse dur hona h or mujhe mera baccha apne sath chahiye mai apna baccha apne sath rkhna chahti hu mujhe usse or uski dusri biwi se apne Kharche ke liye paise chahiye jisse mai apni or apne bacche ki life sahi se chla Saku.

Advocate Alok answered
Since bigamy- marrying again while the first spouse is alive without legal divorce- is illegal. Your husband's second marriage is null and void under personal laws such as, Hindu Marriage Act, 1955. You may file a criminal complaint under Section 82 BNS (earlier Section 497 IPC) which carries a punishment of upto 7 years of imprisonment. As legally wedded wife you are entitled to monthly Maintenance from your husband under Section 144 of BNSS (earlier Section 125 Cr.P.C.). Your husband is legally obligated to provide financial assistance and cover expenses of your child. For custody of child file petition under Guardian and Wards Act, 1890. You have to 1. gather evidence and proof of your marriage. 2. gather evidence of child's paternity/birth. 3. gather evidence of your husband's second marriage 4. gather financial information of your husband's income. 5. file an urgent application for interim Maintenance under Section 144 BNSS / DV Act to receive some financial support in contesting cases.