Advocate Harminder Syal

Questions Answered by Advocate Harminder Syal

Q: forced marriage against my consent and i would like to annul/nullify

hi there I was forced to marry a boy who i didnt want to. Before marriage i have even told him we have different thinking, i think we should not get married. But still marriage occured against my consent. It was 10 days ago. This week I left his house and went to my friend as he wanted to come closer against my will. When i came to know that they were going to file a case against my family, next day I came back. My question is .....how can I annul or nullify this marriage?

Advocate Harminder Syal answered
it is a ticlish situation but not to worry. we have remedy under the law for such situations. this is a voidable marriage and you can always challenge this marriage in the court of law ground that your consent was not obtained by force and undue influence

Q: Arya samaj mariage prsonal information leaked and tell to family abt m

My brother want to get marry with his girlfriend but girl want this marriage secret till she will be able to convinced her parents But if they get marry in arya samajWill Personal information of bride and groom be shared with family of any one of arya samaj personThey want to keep it secretKahi aisa to nahi hoga ki KOi family KO inform karde

Advocate Harminder Syal answered
This in fact is a personal information relating to their marriage. There is no procedure to share the information of marriage unless someone leaks. but the alternative to the same is to file protection orders from the high court. This is the only remedy under the law. All risks for the newly marrried couple will end.

Q: Husband denying that he married me and we have a child together

I got married to my husband in 2012 in gurudwara. I have registered certificate from gurudwara where the marriage took place. I do not have marriage pictures or video. There was no one from his side. My mother and only my few relatives were there. My husband stayed with me only for 9 months till I gave birth to my daughter. He left me and got a government job in a different city. I have a daughter who is 5 years old now. My husband denies that hes not married to me and he has no child with me. Hes not willing to accept me and his daughter. Im sikh and he is hindu.

Advocate Harminder Syal answered
Well this is not uncommon a problem being faced by many women. The remedy under law is available to you. U need to file a civil suit seeking declaration from court that you are legally wedded wife of the man who is now denying the relationship. We can also prove the paternity of child. We can claim maintenance both for u and child. Besides in the coparcenary property the child can claim share.

Q: NRI Require advice for 498a complaint in India

Dear Sir/Madam, I got married in India in Jan 2014. After marriage, I know about my wife and her family hiding about her previous divorce from me and my family. I got some joint bank accounts in India with her previous husband moreover my wife was illegal relationship with someone and i have vulgar voice recording both of them. I regularly tried to talk with in-laws family whenever I was in India but they ignored.and my wife did not live with me after I know each and everything. After that, in June 2017 I and my wife moved to Canada as a permanent resident. At the airport again we separated she gone with her relative instead of going with me. In Canada, I also tried to talk to her and I also send legal notice but she did not reply. Now her father filed false dowry and (i left at the airport) complaint against me and my family who is living in India. My family got a summons from family welfare committee in India. One thing more me and my wife legally evicted by my parent's property.please help

Advocate Harminder Syal answered
I'st of all, i will advise you to send your parents to the family welfare committee and explain every thing. thy should also produce the evidence ie. previous divorce, Jt. Bank statements of her with previous husband. i am also sure that your marriage with her also must have been registered with Sub Registrar. Make sure her status in that certificate is mentioned as Unmarried at the time of marriage, Meaning that her civil status is mentioned as Unmarried in the relevant column. Also produce the alleged conversation u have referred. thereafter I advise you to file anticipatory bail for your parents . ou are also advised to file divorce proceedings . you can do so both in canada or India.

Q: Can girl's family file a kidnapping case if she goes with her husband

Main aur meri wife ne ghrvalo ke dar se mandir me love marriage krava li jisko registered bhi krava liya dono ke ghrwalo ko ye bat nhi pta hai hame lga tha parents man skte hai isliye vo unke pas hi rah rhi hai par ab uske parents use torture kar rhe hai mai use lekr jata hon to vo mere aur meri family upar kidnapping ka case kar skte esa koi way hai ki unki FIR registered na ho tbtk hamlog highcourt se protection order le le becouse mai govt job krta hon ham chahte esa koi way ho jisme uske ghr wale legally bound ho jaye puri tarah se

Advocate Harminder Syal answered
If both of u are major on the date of marriage than the girl can join your company and no case could be registered . But definitely u need a protection order. The said order can be obtained when from the court of Sessions.