Advocate Birendra Kumar

Questions Answered by Advocate Birendra Kumar (25+ answers)

Q: what is first motion and second motion in mutual divorce mean ?

What is the meaning of first motion in divorce given by the judge in case of mutual divorce.. After couple have decided on final list of amount etc . When Will the FIR and other complaints be removed including dv court case.

Advocate Birendra Kumar answered
Sir for your kind information as per judgement of Hon'ble Supreme Court, Settling a contentious issue, a two Judge Bench of Supreme Court comprising Justices AK Goel and UU Lalit held that the 6 months waiting period prescribed under Section 13B(2) of Hindu Marriage Act for divorce by mutual consent is not mandatory, and ... Now you can get divorced in one day by filling mutual divorce petition. And you can draft a MOU for your proceeding.

Q: Procedure and requirements to marry under special marriage act

Hello Sir I am an American man and I wish to marry an Indian woman. I am planning to obtain a certificate of conversion to Hinduism. My question is as I am a foreigner I know I must marry under the special marriage act, but can I complete my religious Hindu marriage and then register my marriage under the special marriage act? I want to complete the religious marriage first and the register under the special marriage act. Is that possible, or must i register first and then complete my religious marriage? Thank you for you advice on this matter.

Advocate Birendra Kumar answered
Dear At least one of the parties should be an Indian citizen.The bride groom must be 21 years of age; the bride must be 18 years of age.Neither party has a spouse living,Neither party is an idiot or a lunatic,The parties are not within the degrees of prohibited relationshipEach party involved should not have any other subsisting valid marriage.Application form duly signed by both the parties.Documentary evidence of date of birth of parties.Copy of Passport of both the parties with valid Visa.Residential Proof of both the parties.Documentary evidence regarding stay at district in India of one of the parties for more than 30 days (Proof of stay or report from the concerned SHO).N.O.C. or Marital Status certificate from the concerned embassy or Consulate in India by a foreigner partner.Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.PROCEDURE:The parties to the marriage shall give notice in writing in the form specified, to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.All the documents are verified at the Office of Marriage Registrar. The law of other nation shall not be in conflict with Indian laws. The notice is then published inviting objection to the marriage, if any.If no objection is made, then, on the expiry of the notice publishing period, the marriage may be solemnized.The marriage shall be solemnized in the presence of at least three witnesses.Further the Marriage Certificate is entered and is granted by the Marriage Registrar.You can contact me

Q: Filing of divorce by husband on grounds of cruelty and desertion

Hi, I signed first motion papers and have denied to sign second. My husband has filed case on cruelty and desertion grounds attaching first mtion paper and false allegations. What should I do ? Please advise.

Advocate Birendra Kumar answered
Mam, divorce on the grounds of desertion is still two years. but have to see why he is denying to sign. may be he is not agree with terms n condition of case need to see your whole story so you can contact me.

Q: Can a hindu from India marry a muslim guy from another country

Hello sir i am from delhi and i want to marry a Muslim guy from Pakistan we both are ready our families are ready we will settle in canada but i want to know the best and possible procedure. Being a Indian and a hindu is tough please help me out sir.

Advocate Birendra Kumar answered
Yes it is possible as per law, but she must be present in Delhi with proper visa, and she need NOC from Pakistan and your valid ID proof of India and also pencard required. It is under special marriage act.

Q: Parents of groom delaying marriage for not fulfilling of their demands

Hi I am 25yrs old and I want to marry a boy he is 28 yrs old.his parents creating trouble so that the marriage could not happen.one yr ago they said yes but now they delaying marriage and now they said if my parents will not fulfill his demand they will not do marriage.i want to know that if I take legel action then what will be the title of the case and will my past include in this.and we r from same religion n cast.and we r in 2yrs of relationship.

Advocate Birendra Kumar answered
My first question is that that guy is with you or not if he is with you fist take time to convince his family before taking any legal action. Secondary you both are free to do marriage no one can stop. If you want to take legal action you can lodge a complaint of his parents in your local police station.