Advocate Anil Kumar Thakur

Questions Answered by Advocate Anil Kumar Thakur (25+ answers)

Q: How to deal with local goons when local goons giving threat to life?

A week ago, one local person was abusing my father in front of me due to which I had some quarrel with him. Yesterday night around 12 persons with came to my house to beat/kill me in a planned manner. They were carrying Lathi, Pistal. Two persons knocked my door and said that Police is calling my father, Rest were waiting (hiding themselves) nearby for the door to get opened. luckily I got the information and we didn't opened the door and they turned back. I have a thread for my and my family life. how to deal with goons ? Kindly advise what future step should be taken by me/us.

Advocate Anil Kumar Thakur answered
We often ignore the matters which become serious later on,so ,I advice to take immediate action ,and complain about the matter without any delay to local police in writing and also post by registered post copy of same to superintendent of police,if local police does not take action then send your written information by registered post ,if after all thos you get no relief then file a complaint before C.J.M. having jurisdiction and pray to send the complaint u/s 156 Cr.P.C. for registering F.I.R.

Q: Regarding IPC 420 case against wife

Hello Sir .. I got married with a girl before one year back.. Initially one month we spent happily. After she started making distance with me. After some time she starting insulting me and was not picking my call also. Her family is also behaving same. They havent told any reson for that. After some time one of her family member told she does not want to stay with you so give her mutual divorce. We asked about her.. That person was not ready to tell her location also. Then we filed case with section 9 . she did not appear in any hearing but she made false complaints against me(498 a ) and filed section 13 (1) Ia. In counsling she forcefully agreed me for mutual divorce and told she does not want any thing(no money) and not filed FIR, but she is still having jewelry of 10 lacs. Between that period we got proof that that is her second marriage that was the hided by her family. i want to ask that whether can we file case under ipc 420 in matrimonial cases after divorce.

Advocate Anil Kumar Thakur answered
You can file case u/s 494 I.P.C. which is as follows ----494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.(Exception) —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

Q: divorce without marriage certificate possible ?

I don't have marriage certificate. 5 years complete my marriage. without certificate I'm taken possible for divorce, is marriage certificate required for divorce ?

Advocate Anil Kumar Thakur answered
you have not mentioned that whether you belong to Hindu,Muslim or other ,according to Hindu Marriage act there are provisions as follows-13. Divorce- (1) Any marriage solemnized, whether before or after thecommencement of the Act, may, on a petition presented by either the husband orthe wife, be dissolved by a decree of divorce on the ground that the other party(i)has, after the solemnization of the marriage had voluntary sexual intercoursewith any person other than his or her spouse; or(ia) has, after the solemnization of the marriage, treated the petitioner withcruelty; or(ib) has deserted the petitioner for a continuous period of not less than two yearsimmediately preceding the presentation of the petition; or(ii) has ceased to be a Hindu by conversion to another religion ; or(iii) has been incurably of unsound mind, or has suffering continuously orintermittently from mental disorder of such a kind and to such an extent that thepetitioner cannot reasonably be expected to live with the respondent.Explanation- In this clause(a)the expression "mental disorder" means mental illness, arrested or incompletedevelopment of mind, psychopathic disorder or any other disorder or disability ofmind and include schizophrenia;(b) the expression "psychopathic disorder" means a persistent disorder or disabilityof mind (whether or not including sub-normality of intelligence) which results inabnormally aggressive or seriously irresponsible conduct on the part of the other party and whether or not it requires or is susceptible to medical treatment; or(iv) has been suffering from a virulent and incurable form of leprosy; or(v) has been suffering from veneral disease in a communicable form; or(vi) has renounced the world by entering any religious order; or(vii) has not been heard of as being alive for a period of seven years or more bythose persons who would naturally have heard of it, had that party been alive;Explanation.- In this sub-section, the expression "desertion" means the desertionof the petitioner by the other party to the marriage without reasonable cause andwithout the consent or against the wish of such party, and includes the willfulneglect of the petitioner by the other party to the marriage, and its grammaticalvariations and cognate expression shall be construed accordingly.(1-A) Either party to a marriage, whether solemnized before or after thecommencement of this Act, may also present a petition for the dissolution of themarriage by a decree of divorce on the ground(i)that there has been no resumption of cohabitation as between the parties to themarriage for a period of one year or upwards after the passing of a decree forjudicial separation in a proceeding to which they were parties; or(ii) that there has been no restitution of conjugal rights as between the parties tothe marriage for a period of one year or upward after the passing of a decree ofrestitution of conjugal rights in a proceeding to which they were parties.(2) A wife may also present a petition for the dissolution of her marriage by adecree of divorce on the ground(i)in the case of any marriage solemnized before the commencement of this Act,that the husband had married again before the commencement or that any otherwife of the husband married before such commencement was alive at the time ofthe solemnization of the marriage of the petitioner:Provided that in either case the other wife is alive at the time of the presentation ofthe petition;(ii) that the husband has, since the solemnization of the marriage, been guilty ofrape, sodomy or bestiality; or(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act,(78 of 1956), or in a proceeding under Section 125 of the Code of CriminalProcedure, 1973, (Act 2 of 1974) or under corresponding Section 488 of the Codeof Criminal Procedure, (5 of 1898), a decree or order, as the case may be, hasbeen passed against the husband awarding maintenance to the wifenotwithstanding that she was living apart and that since the passing of such decreeor order, cohabitation between the parties has not been resumed for one year or upwards;or(iv) that her marriage (whether consummated or not) was solemnized before sheattained the age of fifteen years and she has repudiated the marriage afterattaining that age but before attaining the age of eighteen years.Explanation.- This clause applies whether the marriage was solemnized before orafter the commencement of the Marriage Law (Amendment) Act, 1976.13-A. Alternate Relief in Divorce Proceedings.- If any proceeding under thisAct, on a petition for dissolution of marriage by a decree of divorce, except in sofar as the petition is founded on the grounds mentioned in clauses (ii), (vi) and(vii) of sub-section (1) of Section 13, the court may, if it considers it just so to dohaving regard to the circumstances of the case, pass instead a decree for judicialseparation.13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act apetition for dissolution of marriage by a decree of divorce may be presented to theDistrict Court by both the parties to a marriage together, whether such marriagewas solemnized before or after the commencement of the Marriage Laws(Amendment) Act, 1976, on the ground that they have been living separately for aperiod of one year or more, that they have not been able to live together and thatthey have mutually agreed that the marriage should be dissolved.(2) On the motion of both the parties made earlier than six months after the dateof the presentation of the petition referred to in sub-section (1) and not later thaneighteen months after the said date, if the petition is not withdrawn in the meantime, the Court shall, on being satisfied, after hearing the parties and after makingsuch inquiry as it thinks fit, that a marriage has been solemnized and that theaverments in the petition are true, pass a decree of divorce declaring the marriageto be dissolved with effect from the date of the decree.14. No petition for divorce to be presented within one year of marriage.-(1) Notwithstanding anything contained in this Act, it shall not be competent forany Court to entertain any petition for dissolution of marriage by a decree ofdivorce, unless at the date of the presentation of the petition one year has elapsedsince the date of the marriage:Provided that the court may, upon application made to it in accordance with suchrules as may be made by the High Court in that behalf, allow a petition to bepresented before one year has elapsed since the date of the marriage on theground that the case is one of exceptional hardship to the petitioner or ofexceptional depravity on the part of the respondent, but, if it appears to the courtat the hearing of the petition that petitioner obtained leave to present the petitionby any mis-representation or concealment of the nature of the case, the court may,if it pronounces a decree, do so subject to the condition that the decree shall nothave effect until after the expiry of one year from the date of the marriage or maydismiss the petition without prejudice to any petition which may be brought afterthe expiration of the said one year upon the same or substantially the same factsas those alleged in support of the petition so dismissed. (2) In disposing of any application under this section for leave to present a petitionfor divorce before the expiration of one year from the date of the marriage, thecourt shall have regard to the interests of any children of the marriage and to thequestion whether there is a reasonable probability of a reconciliation between theparties before the expiration of the said one year.

Q: how to divorce my wife ? i want divorce from my wife

I suspect my wife of infidelity and want to file for divorce. How can I legally get a divorce from my wife? Please advise on the process, legal grounds, and required documents.

Advocate Anil Kumar Thakur answered

Divorce in India: Laws, Process, and Key Considerations

Divorce can be an emotionally and financially challenging process, especially if contested. In India, divorce laws vary based on religion:

• Hindus, Buddhists, Sikhs, and Jains – Hindu Marriage Act, 1955
• Muslims – Dissolution of Muslim Marriages Act, 1939
• Parsis – Parsi Marriage and Divorce Act, 1936
• Christians – Indian Divorce Act, 1869
• Interfaith & Civil Marriages – Special Marriage Act, 1954

Types of Divorce Petitions

1. Divorce by Mutual Consent
When both spouses agree to divorce, they can file for mutual consent divorce under:

• Section 13B of the Hindu Marriage Act, 1955
• Section 28 of the Special Marriage Act, 1954
• Section 10A of the Divorce Act, 1869 (for Christians)

Key conditions:

• The couple must have been separated for at least one year (two years for Christians).
• Child custody, alimony, and property division must be settled mutually.
• The process typically takes 6 to 18 months.

2. Contested Divorce (Without Mutual Consent)
If one spouse refuses divorce, the other can file a contested divorce based on specific legal grounds:

• Cruelty (physical or mental abuse)
• Adultery (extramarital affair)
• Desertion (spouse abandons the marriage for at least two years)
• Conversion (change of religion)
• Mental disorder (inability to fulfill marital duties)
• Communicable disease (such as HIV/AIDS, syphilis, or leprosy)
• Renunciation of the world (becoming a sanyasi/monk)
• Presumption of death (spouse missing for seven years or more)

Alimony & Maintenance
Under Section 125 of the Criminal Procedure Code (CrPC), 1973, the financially dependent spouse, children, and elderly parents can seek maintenance.

Factors affecting alimony:

• Length of marriage (longer marriages may result in lifetime alimony)
• Earnings of both spouses
• Health conditions (spouse with medical issues may receive higher alimony)
• Child custody (custodial parent may get more financial support)

Division of Property

• Marital property (movable & immovable) is divided based on mutual agreement or court order.
• Until a final settlement, both spouses have the right to occupy the property.

Child Custody

• The court prioritizes the child’s welfare over parental preferences.
• Custody can be sole, joint, or shared based on the child's best interests.

Cost and Duration of Divorce

• Court fees are minimal, but legal fees vary based on complexity.
• Mutual consent divorce: 6 to 18 months
• Contested divorce: 18 to 24 months (or longer, depending on disputes)

Documents Required for Filing Divorce

1. Address proof of both spouses
2. Marriage certificate
3. Wedding photographs
4. Proof of separation for over a year
5. Failed reconciliation attempts
6. Income tax returns (last 2-3 years)
7. Details of profession & earnings
8. Family background information
9. Property and asset details

Annulment of Marriage (Void & Voidable Marriages)

Void Marriages (Automatically Invalid)
Under Section 11 of the Hindu Marriage Act, 1955, a marriage is void if:

• Bigamy: Either spouse was already married at the time.
• Prohibited relationships: marriage within close family relations (unless allowed by custom).

Voidable Marriages (Requires Annulment)
A marriage can be annulled if:

• Fraud (e.g., hiding significant facts before marriage).
• Impotence (inability to consummate the marriage).
• Forced marriage (duress or intoxication at the time of marriage).

Q: How to add my name as a witness in A Criminal Case

Respected sir,some people have beaten up my friend in front of me and as i reached there to save him they fled away then me and my friend had gone to police station to lodge fir and as we know who had beaten up my friend so we gave their name but due to they had bribed the police.police had not written my name that i was eye witness and even didn't took my statement.so sir is there a way so that i can add my name as a witness and other people are also agreeing who has seen the incident to be the witness? Is there any provision in law that provides that if police has not written our statement in case so we can go directly to court to give the statement?please help.

Advocate Anil Kumar Thakur answered
You can approach before senior officers of police i.e. Inspector ,Dysp,S.P,D.I.G.,I.G.& D.G.P. in writings or face to face . You can advise your friend ,who is informant of the case to file a protest complaint before concerned C.J.m. in that case record.as example ----न्यायालय मुख्य न्यायिक दंडाधिकारी ,बक्सर [बक्सर (नगर) थाना कांड संख्या 21 सन 2016] सरकार बनाम सुधीर तिवारी (Protest complaint)प्रत्यर्पित अभियोग पत्र संख्या सन 2016 नाम अभियोगिनी - रीना देवी पति श्री सुधीर तिवारी निवासी सुमेश्वर स्थान ,चरित्र वन , बक्सर पो. बक्सर थाना बक्सर नगर वर्तमान पता- के.के.मन्डल महिला महा. बक्सर के सामने , बीबीगंज बक्सर थाना बक्सर नगर जिला बक्सर । नाम अभियुक्त- सुधीर तिवारी उम्र लगभग 35 वर्ष पिता विनय कुमार तिवारी निवासी सुमेश्वर स्थान , चरित्र वन बक्सर थाना बक्सर नगर जिला बक्सर नाम साक्षीगण - 1. राधिका कुमारी पुत्री स्व. जंग बहादुर यादव 2. सीता देवी पति रामजी यादव एवम अन्य जिनका नाम अभी याद नही` है सभी निवासी के.के.मंडल महिला महा. के सामने , बीबीगंज बक्सर थाना बक्सर नगर जिला बक्सर घटना की तिथि व समय - दिनांक 27 अप्रील 2011 से आज तक धारा- 498 ए .494 , भा.द.वि. निवेदन है कि प्रार्थिनी के पूर्व पति जंग बहादुर यादव की मृत्यु लगभग 11 वर्ष पूर्व हो गयी ,प्रार्थिनी को उनसे दो पुत्री व एक पुत्र है । अपना भविष्य देखते हुए प्रार्थिनी ने अभियुक्त के साथ दिनांक 27.4.2011 को मंगला भवानी,मन्दिर ,उजियार जिला बलिया (उ.प्र.) मे` की तथा दोनो पति पत्नी के रूप मे`किराये के मकान मे` के.के.मंडल महिला महाविद्यालय ,बीबीगंज बक्सर थाना बक्सर नगर जिला बक्सर मे` रहने लगे , अभियुक्त अनेक बहानो`` के साथ प्रर्थिनी को कभी भी अपने घर नही` ले गया । प्रार्थिनी अभियुक्त के साथ सहवास से पांच बार गर्भवती हुई मगर अभियुक्त प्रार्थिनी पर दबाब बनाकर जबरदस्ती गर्भपात करा देता । अभी भी प्रार्थिनी गर्भवती है तथा गर्भ लगभग 5 माह का हो गया है , अभियुक्त लगातार प्रार्थिनी को गर्भपात कराने का दबाब बना रहे है` मगर प्रार्थिनी ने इस बार अभियुक्त की बात नही` मानी तो अभियुक्त प्रार्थिनी के साथ क्रुरता पुर्वक व्यवहार कर रहे है` और विगत पांच माह से प्रार्थिनी के साथ मार पीट कर रहे है` । अभियुक्त ने अपनी शादी चंचला नाम की एक लडकी जो बडका गांव थाना सिकरौल जिला बक्सर की रहनेवाली है के साथ तय कर लिया है । प्रार्थिनी ने घटना की शिकायत पुलिस को की जिसपर उपरोक्त बक्सर(नगर)थाना कान्ड संख्या 21 सन 2016 दर्ज किया गया ,प्रार्थिनी गवाहो`के साथ पुलिस के समक्ष अपना और गवाहान का बयान कराया ,सभी गवाहो` ने पुलिस के समक्ष घटना का पुर्ण समर्थन किया ,मगर अभी तक पुलिस द्वारा कोई कार्रवाई नही` की गयी । पुलिस के रवैये से यह स्पष्ट होता है कि पुलिस अभियुक्तो` के मेल मे` आकर प्रार्थिनी का मुकदमा बिगाड देगी । अत: प्रार्थना है कि उक्त धाराओ या अन्य धाराओ मे` संज्ञान लेकर अभियुक्त को दण्डित किया जाय कि प्रार्थिनी को न्याय मिले । प्रार्थिनी दिनांक बक्सर This case is for example only ,entire story of this case is imaginary . This is a protest complaint ,if investigating officer will submit final form u/s 173 Cr.P.C. against case then this protest will come in picture and at the time of trial you can depose as eye witness.