Advocate Harshit Jain

Questions Answered by Advocate Harshit Jain

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 Harshit Jain answered
The marriage is first of all legal and the gurdwara does give a certificate of marriage by anandkaraj which is the ceremony performed for marriage according to Anand karaj act in Delhi. as per Hindu Marriage act minimum 2 years of desertion is considered as a valid ground for divorce. Though the marriage on it's own does not gets null and void as it has be filed before the Family court.

Q: How to partition property when one sibling is not willing?

We are five brothers, and our property is located in Gurgaon. The other four brothers live separately, including myself; I reside in Delhi. I am currently suffering from kidney disease and require funds urgently for a kidney transplant to improve our family's life. However, one of our brothers lives in the property and is unwilling to sell or give me my share. The rest of the brothers are willing to sell the property, but this one brother is opposed to it. What legal options do we have? Can we take action to force the sale of the property?

Advocate Harshit Jain answered
Respected SirAs per the answer to your query, if the property is a joint family property you can file a suit for partition of property wherein all the other parties/brothers can give their no objection for the partition and accordingly the court can order partition of the property either by dividing the property by metes and bound or by selling the same by calling quotations from various parties or by giving a preferential right to brothers to purchase share of other brothers on market value or as per the consented value of the property and then divide the money equally to all the legal heirs .Regards

Q: Legal meaning of lcr in court

What does 'call for lower court record' by an appellate court mean? call for lcr in court in hindi ?

Advocate Harshit Jain answered
By this the appellate court means that they are summoning the trial court record or the lower court record to check the file and appreciate and look into the matter including the evidence, documents etc which is part of the lower court or the trial court record. So it means the judge has called the lower court file to look into the same.

Q: my options in court case under DV Act against my brother

Hi,A case is registered in court against my brother under DV act and another FIR complaint in the police station. the marriage occurred in accordance to Hindu custom.I plan to go abroad for my studies but my name is mentioned in both the cases. Although i used to stay in another state due to my job, I was home only during lockdown. I also have some evidence that I had nothing to do with the allegations made and I minded my own business.what options do I have so that I can easily resume my studies? If I go without informing anyone and miss court hearings? what happens then?Please advice/suggest what I should do.Thanks.

Advocate Harshit Jain answered
you can seek quashing of both the cases qua you and even otherwise there won't be any problem for you to go abroad after taking the permission of the concerned court for studies. as far as your apprehensions about missing court dates is concerned then your attorney or lawyer can appear on your behalf on each and every date.regards

Q: contested divorce/mutual consent divorce/judicial separation what is

I married in 2016 to my gf in arya samaj temple.We did not live together for 4 years after that because of various reasons viz parental approval,my outstation postings,career,sbsiblings marriage etcIn feb 2020, we had a social function and got married publicly...ow after residing with her for four months, i got to know after her physical relationships with another person( in 2017-18). I have some proofs such as texts, screenshots,pics which are suggesting that they were physically involved...I want to get rid of her.I am emotionally distroyed right now and don't know what to do.i have not confronted her with those pics as I am afraid she might file counter complaints/ fake complaints against me or my family. She has been a violent person intermittently also.1.How much time will it take for divorce?2.Does she have an excuse in the form that we were not living together when she had extra marital relationship?3.What kind of evidence are specifically tenable in such cases?4. Is judi

Advocate Harshit Jain answered
In such a case you need to file divorce on the ground of adultery, harassment, etc. against the wife which will surely be contested by the other party. In such conditions either parties end up settlement mutually and then file for mutual divorce or if the same is contested then it will take some time otherwise it will be over soon within some months.