Advocate Atul Kumar Singh

Questions Answered by Advocate Atul Kumar Singh

Q: What to do when there is a dispute regarding marriage

My Brother in Law had done second marriage to an unmarried girl and registered via Arya Samaj, later she got married to another person and happily living her life, he also returned to his normal married life with first wife. Now First wife found that marriage certificate and now creating so mujhe trouble to him, disrespecting and embarrassing in public and continuously black mailing him for court and police complaint, could you please suggest what he can do ? He is ready to continue his married life with her but she abuse him every time and her family is also misbehaving abusing and blackmailing, what should we do? And can we null and void his second marriage?

Advocate Atul Kumar Singh answered
Hello,First of all clear ur relationship with the person in whose favour are talking about !According to the situation given above this is governed by The Hindu Marriage Act 1955, and according to which second marriage in course of the continuation of first marriage with spouse being alive is Null & Void in itself.So in your case it the fault of the man, you are asking about which is a matter of dispute.Best is that both of them must settle to safeguard there marriage, otherwise the first wife can file a case of Polygamy ( section 494 IPC) so to avoid facing each other in court both of them must come to a mutual agreement to continue your marriage and family.For more information contact, LawRato.

Q: How to get maintenance without divorce

I have a small son of 2 years. My marriage has held 5 years back but due to some family trouble and harassment i am staying apart from husband. I want the maintenance charges without giving him divorce. I do not have money to spend on court and expensive lawyers. Please help me waht can i do.

Advocate Atul Kumar Singh answered
Hello mam, I can understand your problem but I am sorry because without filing a suit in family court you can not claim your maintenance from your husband.First of all you have to file a suit in family court of your respective District court and if you are educated then you can represent yourself in family court without hiring a lawyer.But for your kind information you have to prepare your maintenance petition by an advocate after that you can appear on dates to represent you and your child to claim maintenance , without paying fees to your lawyer on every date.Suit to be filed 125 Cr.P.C Note-You will have to pay for your lawyer for drafting your application in court in addition you have to pay Court fee which is very nominal (₹1.5) in the form of court tickets.