Advocate Atowar Rahman Khan

Questions Answered by Advocate Atowar Rahman Khan

Q: Second marriage is legal before taking divorce from first wife

my father wants divorce from my mother because my father illegaly married for second time,is it posible to get married second time without having first one divorce

Advocate Atowar Rahman Khan answered
No second marriage during subsistence of earlier marriage is null and void. In this case second marriage of your father is invalid as per law and it is an offense under sec 494 of ipc. Your father is punishable under that section.

Q: Remedies available to husband if wife denies to come back home

Two years ago my wife and my child went to the house of her father, she told me one day she can not live with me anymore, after that i try to contact with her many times but no response. in this situation what should I do? Plz help

Advocate Atowar Rahman Khan answered
You should send a notice of RCR, asking her to join you in the matrimonial relationship .in the notice you should mention the chain of events happened from the inception the marriage and for no particular reason assigned she has left you and deprive you of your fatherly love for your child. if the notice is not responded positively within the notice period You can file a petition for RCR (Restitution of Conjugal Rights ) in the Court where she resides presently or where the marriage took place or the last residence where you stayed together . Notice is not mandatory to file for RCR, this means without sending a notice you can file RCR in the court and send her a summons from the court. notice sent by you will be helpful in case wife files any false cases of 498A/ DV against you and your family members .

Q: File case against sister-in-law who wants to get share in property

My sister in law left the house in the year 2013 on the pretext of job but visited after every 2months .my brother and family took care of their son.she never paid anything for her son instead she used to take money from my brother for her expenses.she left the house because she is in a relationship with a young guy with a different name and age.my brother passed away last year due to depression. I feel my bro was killed,she pushed him to drink because without him dying it’s not possible for her to marry she never filed a divorce because she wants my brother’s property. I want to file a case against her and her sister who persuades her as well as bf? Please help.

Advocate Atowar Rahman Khan answered
I don't understand why your brother didn't file a case of adultery against that guy. The son of your brother is entitled to get share of ancestral property.if you have sufficient proof against your sister in law you can file a complaint against her before filling complaint kindly consult with an advocate with sufficient proof.

Q: How to get a court marriage and procedure for that

How to get a court marriage??

Advocate Atowar Rahman Khan answered
Following is the procedure of court marriage in India:Notice of Marriage: In a 5 step process of court marriage in India the first step is to file a notice of marriage. A notice of marriage is to be filed with the registrar of the marriage to show their intent of getting married. The notice has to be filed in the prescribed format and it has to be filed with the registrar in which jurisdiction one of the parties to the marriage reside at least 30 days before from the date of filing the notice for marriage.2. Publication of Notice: Once the notice of marriage has been filed with the registrar of marriage, the registrar will publish the one copy of the same in a place in the district where the parties to the marriage reside and shall publish the other copy in a place in which their office is situated for inviting objections to the marriage, if any. The notice should be published in the place which is visible clearly.3. Objections: The marriage intended by the parties can be objected by anyone after the publication of notice. If the marriage is objected then the registrar will conduct an inquiry within 30 days from the date of receipt of such objection. If the inquiry concluded that the objection to the marriage is true then the marriage will not be solemnized and the registrar will refuse the notice of marriage. However, on refusal of marriage the parties to the marriage can file an appeal before the district court against the order of refusal.4. Declaration: In case when there is no objection is received against the marriage then the parties to the marriage i.e., bride and groom will sign a declaration accepting each other as their lawfully wedded husband and wife respectively. The declaration has to sign in presence of three witnesses before the registrar which is further countersigned by the registrar of marriages.5. Marriage Certificate: After the signing of the declaration by the bride, groom, witnesses and registrar, the registrar will enter the details in the Marriage Certificate Register and will issue a certificate of marriage which is exclusive proof of solemnization of marriage.Thus, on completing the above five steps, the parties to the marriage becomes the lawfully wedded husband and wife of each other.Following documents are also required to be submitted to the registrar of marriage for court marriage:Application form filled in the prescribed manner along with the specified fees.Passport size photograph of both bride and groomDate of birth proof of both bride and groomProof of residence of both bride and groomPAN Card of all three witnessesResidential Proof of all the witnessesIn case one of the parties to the marriage was married earlier, then decree of divorce or death certificate whichever is applicable.

Q: Elder sister registered father's property in her name & denying share

Sir I am a Hindu girl. We are three sisters. Actually my father expired when I was right years old. Now I am 21. The land in which we are staying was bought by my father... But as some dues were left, so the documentation process was not done but after my father died my brother in law along with my elder sister went to the owner and paid the remaining 10000 rupees and asked to complete the documentation process. The owner was about to write the property in all the three of us names.. but my elder sister told that she would take a home loan and build a house for us and so she asked us to name the property in her name.. so we agreed and the owner named the property in her name. But now she is neither taking any home loan nor making house.. she even threatens us to not give the property back. So what should we do to make the property in the name of three of us..my mother is also alive us well.. now we are suffering lots of problems..kindly help

Advocate Atowar Rahman Khan answered
Do you have any written agreement between you and your sister if no then a civil suit of partition and possession can be filed under code of civil procedure praying the court to declare the portion of inherited property in favor of petitioner and the trial begins thereafter. Once the court passes a decree of partition then accordingly mutation can take place. You can consult with a lawyer he will suggest you.