Advocate Alok Sharma

Questions Answered by Advocate Alok Sharma

Q: Procedure to legalize marriage in court as it was done by Arya Samaaj

Aarya samaj marriage valid h ya ni . Aur is marriage ko court se valid kaise karwaya jata h mandir registered h ya ni ye pta kaise lgaye

Advocate Alok Sharma answered
Marriage in arya samaj is legal. It can be registered with marriage registrar or authority of the local area where the marriage is solemnized. Registration of temple can be confirmed from Seva sthan Department.

Q: Husband torturing for sex, please advise what can be done ?

I cousine got married 6months ago. Her husband is govt employee she put a condition on sex that she don't want children yet, first he agreed for that but present he is harassing her for sex and punishing her mentally(daily torcher) and physically (twice till).sometimes he said I want sex, for that only I got marry you. I will see your end to whom you want to complain do that I don't care anybody like that he is saying. What he said before marriage is total wrongs his family background also not good his brothers wife went away from home after 11years. She complained to her parents but no use because present his husband saying that before marriage I said everything to her she only changing her words, I don't want her anymore I will return your dowry like that he is saying at her parents and called to my cousine and said you don't know anything about life I will show you how it is come back to our home like that. when she called him he didn't attempting the call. Thanking you sir/mam

Advocate Alok Sharma answered
You can file an application under protection of women from domestic violence for restraining your husband or you can also file a divorce petition on the ground of cruelty. You can also file a divorce petition with mutual consent of your husband but only after completion of one year of separation.

Q: Mutual divorce filed, but i want to cancel it and stay with husband.

On 16 November is my date for mutual divorce.my husband said me that we will take back our potion back up to October and now he deniy and said he want divorce mutually.but I want to live with my husband.I want that on 16 november i will deny for divorce and judge cancel our joint petition for mutual divorce and said to my husband to put with him.is it possible.previously my mother in law filed a pittion in banipark senior citsion foram and said that I abuse n beat her.and took a order to prohibited me to enter her house and took affidevit by me that I will never say that they ask me dowary

Advocate Alok Sharma answered
As your consent for mutual divorce was taken by way of fraud, you can deny for divorce in court and raise this objection in your mutual divorce petition pending in court. So far as the case filed by your mother in law under the provisions of senior citizens act that will not have any effect over the proceedings of family court. you can also raise the objections with regard to the affidavit filed by you in the senior citizen act's proceedings, if the same was got filed by your husband by playing fraud on you.

Q: Parents forcefully married the boy. Now we love each other. What to do

please suggest what can be done. the person whom i love is married but is not living with his wife from the day of his marriage as he has job outside and the girl is living with her original parents not even at the home of the boy. as the girl is uneducated and the boy has done MBA he did not want to live with her. His parents forced him emotionally to marry the girl. as we both like each other can we marry each other ??. the previous marriage has no relation like husband or wife they have not even seen other after marriage.

Advocate Alok Sharma answered

Even husband and wife have not been residing together and the marriage is not solemnized though for another marriage decree of divorce is must. 

If the wife agrees then a divorce petition u/s 13B HMA can be filed. Issue of alimony can also be sort out along with the same petition. If not, then the husband can filed a divorce petition on the ground of seperation and marriage not being solemnized.