Advocate Harbansh Kumar Chaturvedi

Questions Answered by Advocate Harbansh Kumar Chaturvedi (50+ answers)

Q: After how many years of separation is a marriage considered void and annulled in India?

I am a Christian girl who married a Sikh guy in 2018 in a gurudwara in East Delhi, but we got separated after only 3 months. We have no legal documents of the marriage, except for pictures and the wedding card. Is the marriage even legal? And after how many years of separation is a marriage annulled or void in India?

Advocate Harbansh Kumar Chaturvedi answered
Dear Client, You may approach me for better solution of your problem. Better take paid Consultation through video conferencing in Cisco webex application.I may better understand your difficulty while discussing your problem in detail but I cannot able to help you at this platform without full hearing you. Therefore we need to discuss it in video conferencing. Thanks.

Q: What should be a good course of action for 376 case

In this case the accused has got bail and the judge in the bail order has written that even after submitting the charge sheet the offense is not made out. In this case the prosecutrix says that even without meeting at the first place the guy promise to marry on phone and in 164 says promise didn’t happen and they discussed marriage but no promise and in FIr she says promise happened way after the first sex in this case what is your idea experts

Advocate Harbansh Kumar Chaturvedi answered
File discharge application. If offence is not made out prima facie then you will be discharged. If have better case then apply for quashing. Or face trial and wait for final acquittal. For better consultation contact us.

Q: Ex-gf of Muslim man who promised me marriage from 5/18-3/23. He told me he's a widower, relationship

Ex-gf of Muslim man who promised me marriage from 5/18-3/23. He told me he\'s a widower, relationship continued till 3/23 wn a lady picked up my call & said she is his wife who never died. I got my FIR done in 4/23 u/s 376. He got arrested in 5/23, wn I discover the 1st wife is dead & the woman I talked to is his 2nd wife. In 6/23, this 2nd wife called me & told me they got married in 11/22. He hid his 2nd marriage from me. Does his being a Muslim impact my case? Can he marry & hide it?

Advocate Harbansh Kumar Chaturvedi answered
section 376 IPC is independent section and will be continued in the present circumstances. For further legal consultation you may contact a lawyer. He cheated and raped which is criminal offence and can not be diluted in any case.

Q: पुलिस द्वारा झूठा केस बनाना ओर जेल भेजना।( sc से fir क्वेश कैसे हो)

sir up मे मेरे खिलाफ झूठा केस बना मेरे खिलाफ 28 अप्रेल को 419,420 का मुक़ददमा लिखा ओर दिखाया गया की मुझे पकड़ कर जेल भेज दिया। जबकि मुझे पता भी नहीं।अगले दिन 29 को मुक़ददमा लिखा गया शांति भंग का 29 को ओर मुझे बुलाया मे गया ओर मजिस्ट्रेट के सामने मुचलका भरे ओर आ गया। महोदय 30 को पेपर मे निकाला मेरे फोटो के साथ की मुझे पुलिस के फर्जी कार्ड के साथ. 28 अप्रेल को जेल भेजा जिसे देख मे पूछने थाने गया सर ये क्या है। तो बन्हा उन्होंने बैठा लिया ओर 30 को जेल भेज दिया ।UP HC से fir क्वेश नही हो पाई है

Advocate Harbansh Kumar Chaturvedi answered
File SLP in Hon'ble Supreme Court of India against the High Court order if matter is covered under the judgement of State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990 Equivalent citations: 1992 AIR 604, 1990 SCR Supl. (3) 259. For further discussion consultation is to be required.

Q: POCSO case culprit have inherent right want to stay with victim

Victim grandfather raped and after getting bail he want to stay with victim and parents in the same house as he have inherent right in that house. Is it possible. How I can block him and save my daughter

Advocate Harbansh Kumar Chaturvedi answered
File an application in the Hon'ble Court to put a condition in bail order not to live with victim. Hon'ble Court will pass prohibition order against accused person. Please contact us for free consultation if you want more advice. Also give 5***** if satisfied with our advice.