Advocate Kanhaiya Jee

Questions Answered by Advocate Kanhaiya Jee

Q: How to get divorce from a mentally ill spouse ?

My brother want to file a divorce against his wife, she is mentally disturb, she often becomes violent and start quarreling with them. But we don't have any proof. There fore, can we keep detective for proof. Her parents had hide from us about her mental illness. how to prove mental illness in court in india ? what are the procedure for divorcing a mentally ill wife ?

Advocate Kanhaiya Jee answered
Yes you can filed divorce on ground of mental illness. But buden on you to prof mental illness of respondent . As per Hon'ble Suprem Court of India husband or a wife is entitled to divorce if either spouse is found to be mentally unsound or indulges in cruelty.

Q: What is the procedure for court marriage

I am hindu hindu boy age 27+ want to marry a hindu girl age 20+ we are in relation and want to marry but girls parents are against our relation and marriage but we want to do court marriage secretly so please tell us the legal formality for the same in jammu city as we are not aware of any legal procedure .also tell us all the things after court marriage like how much time we have to hide this thing from society and in case parents we will get to know and our security in case girls parents will rstill remains against us after knowing this

Advocate Kanhaiya Jee answered
Dear queristFor court marriage both age is required 21 years must .In which jurisdiction you want to apply residential certificate is mandatory. Document required 1.Passport Size Photographs - four each of Marrying Persons.2. Residential Proof (Voter Card / Passport / Ration Car / Driving License / Bank Passbook / Lease Deed / Rent Deed) of Marrying Persons.3. Date of Birth Proof (Municipal Corporation Certificate, X th or XII th Examination Certificate, Passport, PAN Card) of Marrying Persons).4.If any party is divorcee Certified copy of Decree of Divorce granted by the Court.5. If any party is widow / widower Death Certificate of the dead spouse.6. If any party is a Foreign Citizen or holding a foreign Passport or is having foreign residential address - Certificate of Present Marital Status of the party / No Impediment Certificate / NOC from concerned Embassy and Valid VISA.7. Two Witnesses ,Both should be major After applying 30 th day you getting marriage certificate.

Q: What to do if my husband is falsely giving statements against me

Mere husband ne kal muje section 9 ka file bheja h or usme sare statement jhuthe likhe hue h..or ek date h jisme bulaya gya h. Or agr me us date ko na jau to koi problem to nhi h n..qki sare statement jhuthe likhe h..or muje usse maintenance chahiye hmara 2 year ka ek son h.. or me uske ghar nahi jana chahti kyo ko wo log mujpe bahut sare jhuthe blame lga chuke .. so please btaiye ki me kya kru..agr na jau to uske against kya kru.. please help me..sir or mam

Advocate Kanhaiya Jee answered
No if notice is served .you must to appear in this case through advocate. Filed your written statement . You can filed mutual divorce if you want to divorce. If you face any type of cruelty and harassment you filed a criminal case also.

Q: What to do a criminal case is filed by my brothers wife

Lower court rejected AB of parents in 498a filed by my brother wife whereas all the alligation in FIR is wrong and my parents is dependent on me not my brother .what to do

Advocate Kanhaiya Jee answered
After rejection of Anticapatory bail you filed your bail in hon'ble high court. Or pursue to compromise with informant. If she agree to compromise then case was dropped. You also filed quashing of F. I. R.

Q: What to do when policy is not taking reasonable steps

Dear sir I have lodged case against them who has trying to murder me they hit me on my head with axe and final report of injury is grevious but still police not arrest the accused so please guide me what to do.

Advocate Kanhaiya Jee answered
You meet to concern S.P with detailed application and same copy forwarded to DIG,IG DY.S.P of concern.You also filed a petition to concern court to prayer that call for progress report to concern Police station.