Advocate Ankit Jain

Questions Answered by Advocate Ankit Jain

Q: How to get divorce if marriage was done under threat

I am a 25 years old lady. i am a central gov employee. before 3-4 years I meet a person who was employed in Mumbai and told that he is highly educated and told that he is in good job but after some time when he proposed me for marriage. I did talk to my parents and they denied but he forced me and tortured me that if I don't marry him he will kill me and himself to and show me suicide note against my family he tortured me and I had to marry him forcedly after some time I came to know he is illiterate and don't do any job now I want to separate from him what should I do .

Advocate Ankit Jain answered
you may file petition for annulment of Marriage under sec. 12 of Hindu Marriage Act. please tell when your marriage was solemnized. If You have not completed 1 year of marriage you may file the same

Q: Chargesheet filed in 498a but no arrest and names dropped from FIR

<p>Dear sir, In my case police had filed chargesheet and didn&#39;t arrest anybody.there were six person in for but police dropped some name from fir.Now we want bail so how we can get and what is the procedure to get bail. If lower or session court don&#39;t give bail then how to approach high court for the same.please suggest. If I surrender before the court and would not get bail then how many day I would be behind the bars.can other family member also go to jail.</p>

Advocate Ankit Jain answered
you have to apply for bail in lower court. generally court grant bail to all except husband if no injury shown and husband get bail from session case. if you have strong case you may get bail from lower court also. one have to remain in jail from the date of surrender to grant bail from lower or session court as the case may be. generally it take 7-15 day if lower court reject the bail

Q: Sister's in laws torturing her and file false complaint of suicide

Sister was married 3 years. The in law are physically abusive. They hit sister and threw her out. Sister's husband is a government employee so he gave an application to police that we will file case of domestic violence. They are torturing our sister. sisters husband has filed a false application stating that sister is threatening to suicide but we feel that sister's life is at risk. What can we do?

Advocate Ankit Jain answered
you have to lodge complaint of cruelty and domestic violence. you have many option to lodge FIR or made complaint to the concern magistrate. your sister have to take legal step against her in laws many cases like domestic violence , cruelty and domestic violence

Q: Religion conversion to avoid divorce to do second marriage

<p>My sister is married for 11 years now. She wants divorce as her husband has many extra marital affairs and done many times domestic voilence against her and have even attempted to murder her. Last week FIR is registered for the same under sections 498a and 307. But still there is no proper action from police and he is roaming outside india and went to Nepal where his present girlfriend stays. He says he will convert to Muslim and remarry without giving divorce to my sister so that he doesn&#39;t have to share property to her. Please let me know can he do this..will the law allow this?</p>

Advocate Ankit Jain answered
No he can not do the same In case of Sarla Mudgal versus Union of India Supreme court held that no one can take advantage of conversion to protect bigamy. lodge criminal case and do step in the same. if police failed to arrest him. try to obtain attachement order against him

Q: Cancelled flat booking builder is denying to return the money

<p>i want to file a case with consumer court against wave city NH-24, ghaziabad. I have cancelled my flat in this project,. but they are not returning my money. Where and how should I file the case?</p>

Advocate Ankit Jain answered
you have to send demand notice to them. if they not pay attention or refund your amount you may lodge complaint before district consumer grievance redresssal forum of Ghaziabad. they will issue notice to them for lack in service. you have to present your case in the consumer forum.