Advocate Jagjit Singh Hans

Questions Answered by Advocate Jagjit Singh Hans

Q: What is the procedure of court marriage

I am a HINDU boy. I am in a relation with MUSLIM girl from last 5 years. We wish to marry each other but none of our family members as well as society would accept us. So we wish to go for a court marriage. None of us have someone who could be a witness due to social melodrama. As well as I don't know where to apply for marriage as well as the procedure. Kindly help us as we both don't want to broke our commitments. Do I need to seek a lawyer for this case for the post marriage issues such as threats??? What could be done for the social security and threats???

Advocate Jagjit Singh Hans answered
According to Prohibition of Child Marriage Act a girl can legally marry only after completing the age of 18 years of age and that of boy is 21 years. Any marriage that is solemnized without compliance with the same will be illegal. An agreement to marry executed by a girls below 18 years of age will not pass the judicial scrutiny. If their parents are forcing her to marry before she is 18 years then you can bring it to the knowledge of the local administration like District Magistrate, Social Welfare Officer, Police, etc. It is punishable offence.

Q: What to do if wife mentally torturing my family

Dear Sir/Madam, My wife was a fraud person she was already divorce and married me .she has very bad mentality and crueality towards husband nd his family .she and her family are money minded and cheaters and rowdy fellows recently .my wife called up her brother and some friends beated me badly nd took my mobile and money ..and i have complained to the police .i had not done any mistake but she putting fake eligations tat i beated her but i never did tat...police also belived tat i not did anything bad to her but noone taken any action on her and brother but directed us to women cell...after this incident i left house where we both use to stay and living with my parents ..now yesterday she taken all gold my clothes and all household items which all are my earning by booking vans .i tried to stop her but her family brothers all pushed me out ..i was hopeless and became alone...to fight with those people...police are not taking any action againist them ..how can i get justice...pls help

Advocate Jagjit Singh Hans answered
You being physically assaulted by y your wife's brother and his friends is a criminal offence. If the Police is not registering your complain you can approach directly the court. Accordingly court can give a direction to the police and the administration.. If you do not want to continue with her you can file a divorce petition. More details are required to go further in this matter and give you appropriate advise. Were you informed that she was a divorcee before your marriage was solemnized. You can file cases for making false allegation against you under appropriate section. But do not be disheartened and never give up. There is a sunshine after the long tunnel.

Q: Second marriage is valid without taking divorce from 1marriage

One of my friend loved one low cast girl for 2years and after that he is very scarred and he not even inform to there parents also and he got married with that girl after marage she had a afire with some other person and my friend got to know then she said u don't want then my friend thought to take help from there parents then he told to there parents in frount of there parents also she said u don't want,after 2years there parents thought to make mariage to him once again so they done the marriage after marriage 1year now that girl started tourcing him again and now what to do please

Advocate Jagjit Singh Hans answered
Second marriage without being legally divorced of the first marriage is treated as bigamous and punishable offense. If the second marriage is solemnized by concealing the fact of the first marriage is punishable offence Under Section 494 IPC. Further information is required to completely study your case and find a suitable solutions.

Q: What will be the amount of maintenance after divorce

I have married 8 months back and my wofe is staying away from me from 6 months, I have a debt of 5 lakhs to bank as i have taken loan, my income is 13600 monthly. My wife havent provided ne any property or money at the time of marriage. Provide me the details what will be the compensation i need to pay to my wife after divorce

Advocate Jagjit Singh Hans answered
Grounds for divorce is one of the essential element for grant of compensation. Please furnish detail so as to be in a position to satisfactorily answer your query. Like Reason for her staying away and the reason for seeking divorce.

Q: Girl and her parents forcing me to marry her and harassing my family

Few months back one girl was after me and I said no since she begged me and pleaded me I had to say yes, now my parents didn’t accepted for it but they came to our house and threatened our parents and I didn’t like it at all. I want to change my mind not to marry that girl and get myself free from this unnecessary issue.kindly help me

Advocate Jagjit Singh Hans answered
From the statement given by you if fact and true you have nothing to worry. It is good that you have changed your mind in the initial stage itself before entering in to legal contract of marriage or engagement. If they are threatening your parents you can go for legal course of actions against them like file an FIR. Moreover you are free and have every right to decline this proposal.But it is important to know what was the threatening, was it verbal, action, and by other means to book them accordingly.