Advocate Devender Singh

Questions Answered by Advocate Devender Singh

Q: Want to marry my mothers cousin will it be legal

I am in love my mothe's cousin(my mother's father's cousin brother's son ). He is of my age. We had a relationship. Now i feel confused and guilty too. But i love him madly. Is it possible to marry him. Will it be legal? 

Advocate Devender Singh answered
It means he is your maternal uncle, and according to hindu Mitakshra law, no one who is hindu can marry with a person lying in 5th generation of mother and 7 generation of father's side. It is against the hindu religion however such practice is going on some south states. One has to change one's religion wherein such practices are permitted

Q: Divorce before completion of 1 year of marraige

Can mental cruelty as a ground for divorce be considered instantly? Before the first year of marriage is completed can divorce be granted?

Advocate Devender Singh answered
Yes mental cruelty is a ground for divorce in hindu marriage act but it is nowhere define what is mental cruelty, it depends upon the fact and circumstances of cases. No divorce is granted within one year of marriage, one year of separation or one year of completion of marriage is required.

Q: Copy of statement recorded u/s 161 CrPC

Can I demand the copy of the statement of accused recorded by I.O. u/s161Cr.P.C. If yes, under which provision.?

Advocate Devender Singh answered
No statement of accused is recorded under section 161of cprc. Only confession or disclosure statement of accused is recorded by IO but not in 161. Court records the statement of accused under section 313 of cprc. You can take copy of same through due process of law if you are any party in the case.

Q: Validity of non registered relinquishment deed in HUF

Dear sir there are 3 males and 3 sisters and mother(all are family members) but mother died now if hindu family drafted a family agreement in 1996 and get signed by members that property shall be given to male candidates only, this agreement neither registered nor having legal validity but only notary was done if any all sisters want to take share now in father's self acquired properties can sister claims the share in father property ? and what is the validity of family agreement can they break

Advocate Devender Singh answered
After the amendment of hindu succession act which came into force in 2005 married daughters have equal rights in father's property not before this. Your agreement was executed in1996 and will is not there, daughters have no right in property

Q: Can after divorce wife file an FIR against me and my family

1- How many claims a wife may ask in mutual divorce? 2- After divorce can wife file any other FIR against my family? 3- In the agreement what is the meaning of these two lines (I) That all disputes/claims of the parties and their families have been settled/resolved amicably out of the court. The applicant No. 2 (husband) agrees that he shall pay an amount of Rs. 7,00,000/ (Seven Lakhs only) through bank draft to the applicant No. 1 at the time of final hearing of this case before the judgment after finalizing the entire procedure and documentation. (ii) That there is no other article left to take/return by either parties. The applicant No. 1 (wife) shall not claim any maintenance whatsoever from applicant No. 2 and shall withdraw the maintenance petition and shall get first information report case compromised forthwith. The applicant No. 2 shall withdraw the case for restitution of conjugal rights filed by him. Is this alright?

Advocate Devender Singh answered
Applicant no 1(wife) shall not claim any maintenance whatsoever from applicant no 2and shall not file any case qua her marriage against her husband and his family members and withdraw all cases /complaints pending in court