Advocate Anirban Sen

Questions Answered by Advocate Anirban Sen

Q: Can a 19 years old boy marry a 20 years old girl in India

My age is 19 years and am SC Christian my girlfriend age is 20 years she is Muslim can we marry ,,,i have only 2 months time her parents are decided to do marriage with other person from their religion ,,so I want to marry her with in 2 months and she as very clarity decision about our marriage we are decided marry and am well settled,. Am doing business I have earring money on my own plzz give me aaa suggestion how can we get marry

Advocate Anirban Sen answered
In India, a male can marry after his 21st birthday and a girl, after her 18th birthday. After such age, you can marry under the Special Marriage Act. As she is older, this is a problem. She should ideally refuse to marry and she cannot be married against her wishes. There is nothing you can do at this stage, till you turn 21. I wish you luck.

Q: What to do when wife is not ready to take care of my parents

We are married for 5 years and two months. Both are working in same organisation on same posts. Wife does not allow me to take care of my parents. Does not even allow them to visit us though I only bear the expenditure of house holds. She is very irritating and quarrelsome. Often leaves house without information and stays away for a few days. Very extravagant. We have no issue. She says that she does not want to bear any of mine. Of late she is also complaining about my cast. I am Hindu SC. She is Hindu General. Ours was a love marriage. I have tried my best but failed to reason with her. what is remedy available for me.

Advocate Anirban Sen answered
This is really more of a life decision than a legal decision. If she is the person you say she is, you can either accept it and carry on with life. Or you can divorce her. If both of you are agreeable to a divorce, you can jointly file a petition and within about 8-10 months, your divorce would be final. If she is not agreeable to a divorce, then you can apply for a divorce under mental cruelty stating all the reasons above. Of course, this is a very time consuming process (3-5 years in many cases depending on where you live). This method of course does not guarantee a divorce. Both methods may involve you paying some amount to the wife under the current Indian judicial ethos regardless of who actually earns more.

Q: Can a US citizen file case against an Indian in US for fraud

If a US citizen living in New york is frauded by an Indian citizen through calls and Internet of $1000 so what the extent can US police gone can they arrest guy after coming all over to Delhi. and if there's a guy who's helping US police then what would be its legal consequences?

Advocate Anirban Sen answered
Yes, naturally. The FBI may want to be involved since the amount although individually is less than $5000, cumulatively, it may be over $5000 and the FBI may assert jurisdiction since the fraud has occurred in the US. If the perpetrator is found in India, the local Indian Police will have to be involved. Only after investigation would there be a need for extradition. However, the FBI may lodge a complaint on behalf of several US citizens and prosecute the perpetrator in India.

Q: Legal validity of divorce outside the court done informally

Sir it's being 3 years case in family court asking my wife to come back and rejoin me ,court given many summons ,give advertising on News paper asking her to present before case and settel issues,but she and her Advocate never ever present before court on any hearing till today date.I and my family use all our efforts to get her back but all goes in vain.Now after 3 years of separation and 5 yrs of marriage .She suddenly said me on phone that idon want to come court give me divorce outside court I'm ready to come Delhi but not come is court.She was so shameless over phone about this relationship.kabhe socha he nahe ye mein kya aur kyu kar rahe hu.Now you suggest me divorce outside court is valid and also can I demand for the money me and my family spend on this marriage.Any punishment also

Advocate Anirban Sen answered
There is no sanctity in any divorce outside the court. It has to be done through court. Compensation, if any, has to be through court. If outside, records should be kept of the amount and for what purpose before any money is given.

Q: Can i file for divorce if wife staying separately and giving stress

If wife keeps on going on and off to her parents without husband's will and keeps the child away to not allow bonding by husband and in-laws. And out rightly refuses to live with in laws. Insulting in laws and asking them to leave when they are aged and unable to walk and stay alone. Making false allegations and even going to police at one occasion. She took all the valuables of her and mine we got during marriage. It is mental torture to live with her. can i get divorce on the above grounds? What evidences will be needed

Advocate Anirban Sen answered
You can file a divorce case on the grounds of mental cruelty against her. Evidence will include a timeline, and everything from mobile call records, texts, WhatsApp, etc. as well as hard evidence such as witnesses and documents to corroborate whatever you say.