Advocate Anuj Nair

Questions Answered by Advocate Anuj Nair

Q: Seperation Papers made due to Canada Migration

Made Separation Papers made due to Canada Migration, now to be cancelled

Advocate Anuj Nair answered
Hi,In this regard. You should have the affidavit and seperation papers invalidated so as to prevent the opposite party from using the same against you in the future.Do let me know if you have further clarifications.

Q: High Court order which is confusing. Want to know what it means

Order by high court- it has been brought to this court by learner counsel that on account of orders of the date -----, investigation have been stayed thus, in utter violation of the settled law, impels this court to recall the order. However, the said order stands modified with directions that consequent upon presentation of report under sec 173 cr.p.c, further proceedings shall remain stayed. Now my question is whether I have to take bail or not when investigation officer submit the chargesheet in lower court?

Advocate Anuj Nair answered
According to your query, it appears that the investigation has been temporarily stayed by the Court. However, it also appears that once the chargesheet is submitted, you will have to seek to apply for bail nonetheless. It would be better to get in touch as the exact nature of the proceedings is a little unclear.

Q: Wrong case by bahu of our family

If a guy is married after 3 years of relationship with gf and she filed an wrong dowry case just after 15 days of wedding and asking for Alimony what are the chances to save the family and boy

Advocate Anuj Nair answered
Everything is dependant on the facts and circumstances of each particular case. You would have to provide me with details of the instances on which she has filed a wrong dowry case, or whether there is any evidence or the same. If the case is wrongful, then it can be fought and remedy can be sought.

Q: Married in age of 14 Years called the leagal marriage? both were minor

the client married earlier at the age of 14(Both were Minor) years, now 11 years have been passed.in this case 1. is this marriage is legal??2. Husband can file the divorce?? 3. any complications in divorce ??

Advocate Anuj Nair answered
Any marriage which has taken place before the age of consent for the woman, aged 15 years and younger and a man 18 years and younger is a marriage void ab initio. Meaning it is void since the start. Husband can file for divorce. But you may be saved if there is no document to record your marriage. Contact for further details.

Q: I got married in January of 2019. Due to my wife's cruel behaviour and constant treats and disrespec

I got married in January of 2019. Due to my wife's cruel behaviour and constant treats and disrespect from my in laws, I really want to end my marriage ASAP. What provision do we have under HMA by using which this one year waiting period can be terminated? Just to add on, I don't want a judicial separation. Plzz help.

Advocate Anuj Nair answered
Ideally, the cruelty, threats and disrpect ought to be at a level where there is significant and immediate threat to the safety and security to the life or you or your family members. It will be dependant on the proofs that you have obtained.Mere submissions before court will not warrant dissolution of the marriage before one year otherwise. Feel free to contact for a detailed analysis of the pros and cons of your case.