Advocate Aman Singh Rajput

Questions Answered by Advocate Aman Singh Rajput

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 went to Arya samaj & told the matter that he gave a fake name & ID card. He did this with multiple women. My parents are asking me to move on. It's been 5yrs. Can I marry without problem? Am I unmarried legally

Advocate Aman Singh Rajput answered
The Supreme Court of India has held that Arya Samaj marriage certificates cannot replace statutory registration and do not conclusively prove a legal marriage if statutory requirements are breached. Legal remedies against fraudulent Arya Samaj setups:​Criminal Action: File an FIR under Sections 318(4) [Cheating], 336(3) [Forgery], and 61 [Criminal Conspiracy] of BNS (earlier Sections 420, 468, 120B IPC) against the trust officials, priest, and witnesses for producing fake records or solemnizing marriage of a minor/without verified IDs.​Magistrate Complaint: If police refuse an FIR, file a complaint under Section 175(3) BNSS (earlier 156(3) CrPC) before the jurisdictional Magistrate seeking directions for police investigation.​Declaration of Void Marriage: File a petition before the Family Court under Section 11 (Void) or Section 12 (Voidable) of the Hindu Marriage Act, 1955 to nullify the marriage obtained through fraud, coercion, or misrepresentation.​De-registration Complaint: Submit a complaint to the Registrar of Societies and the parent Arya Pratinidhi Sabha challenging the legal status and registration of the disputed mandir.

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 Aman Singh Rajput answered
The Supreme Court of India has held that Arya Samaj marriage certificates cannot replace statutory registration and do not conclusively prove a legal marriage if statutory requirements are breached. Legal remedies against fraudulent Arya Samaj setups:​Criminal Action: File an FIR under Sections 318(4) [Cheating], 336(3) [Forgery], and 61 [Criminal Conspiracy] of BNS (earlier Sections 420, 468, 120B IPC) against the trust officials, priest, and witnesses for producing fake records or solemnizing marriage of a minor/without verified IDs.​Magistrate Complaint: If police refuse an FIR, file a complaint under Section 175(3) BNSS (earlier 156(3) CrPC) before the jurisdictional Magistrate seeking directions for police investigation.​Declaration of Void Marriage: File a petition before the Family Court under Section 11 (Void) or Section 12 (Voidable) of the Hindu Marriage Act, 1955 to nullify the marriage obtained through fraud, coercion, or misrepresentation.​De-registration Complaint: Submit a complaint to the Registrar of Societies and the parent Arya Pratinidhi Sabha challenging the legal status and registration of the disputed mandir.

Q: presence of people during incident

How to find, mobile no of who those are those present during incident took place at particular time. To prove presence of culprits

Advocate Aman Singh Rajput answered
Under Indian Criminal Law (BSA / Indian Evidence Act), the mere physical presence of a person at the crime scene does not automatically make them an accused or accomplice. Here is the legal position:​Common Intention / Object: Mere presence without active participation, prior meeting of minds, or facilitation does not attract Section 3(5) BNS (earlier Section 34 IPC) or Section 190 BNS (earlier Section 149 IPC). A bystander cannot be prosecuted simply for being there.​Witness Status: Independent persons present at the scene qualify as natural eyewitnesses. Under Section 179 BNSS (earlier 161 CrPC), the police must record their statements to corroborate facts.​Plea of Alibi (Section 9 BSA / Section 11 IEA): If an innocent person is falsely named despite being elsewhere, a plea of alibi supported by electronic evidence (CCTV footage, call detail records/tower location) must be raised at the earliest stage during investigation or charge framing.​Remedy: If named mechanically in the FIR despite passive presence, you can file a discharge application before the trial court or approach the High Court under Section 528 BNSS (earlier 482 CrPC) for quashing.

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 Aman Singh Rajput answered
Under Indian law, criminal liability is personal; parents are not legally responsible for crimes committed by an adult son. To fully safeguard yourselves:​Eviction: If the property is self-acquired, file an application before the District Magistrate/Tribunal under Section 22/23 of the Maintenance and Welfare of Parents and Senior Citizens Act to legally evict him from the house.​Police Intimation: Submit a formal written complaint/intimation to the local SHO stating that he stays against your will, disturbs peace, and that family is not liable for his acts. Keep the stamped receiving copy.​Public Notice: Publish a disownment declaration in two local newspapers to put third parties and creditors on notice.​Property Rights: Debar him by executing a registered Will regarding your self-acquired assets.