Advocate Lalan Chaudhary

Questions Answered by Advocate Lalan Chaudhary

Q: Wife deserted and married someone else want to file for divorce

I am a Hindu Indian citizen. I got married in 2011 at Nepal as my wife belongs from there according to Hindi rights and rituals. We registered our marriage at Ranchi, India. My wife deserted me in the end of year 2014. To my utter shock, we found a facebook post showing that she married someone in USA and is also pregnant. I want urgent divorce from her. I don't even have her address. What to do? Kindly guide me with the detail procedure of divorce in my case.

Advocate Lalan Chaudhary answered
A husband can file divorce at two places. One where marriage is solemnized and other is where both husband and Wife last resided together. In your Case petition for divorce can be filed on the ground of desertion and adultery. Her parents address be given. After filing petition court will issue summon on given address and if she does not receive the same Court may direct for publication of summons in newspaper. Even if she does not appear in the court, the court will proceed exparte and after recording evidence and argument, the decree for divorce may be passed. You can also file a criminal complaint against her for bigamy.

Q: Can I live independently if my parents are forcing me for marriage?

Sir my parents forced me to do marriage but i don't want to marry sir.I want to study. I want to know that can i leave my home to live legally independently by law.What can i do by law so that my parents dont interrupt me in future to live independently?

Advocate Lalan Chaudhary answered
You have not written your age. But I can gather it from your quarry that you must be eighteen or more as your parents are forcing you for marriage. An adult has right to choose his or her life. No one can stop you to live separately from parents and pursue study or career. If your parents interfere in your life or force you to marry you can take recourse of law. If you are minor then also your parents can't force you to marry. It is punishable.

Q: Domestic violence by wife in love marriage

DEAR SIR, i am a men and citizen of a democratic india and belongs to a punjabi family stuck in some problem of love marriage due to which i fade up and not want to stay any more with my partner.now i am elaborating my story. i had married to a girl who is 6 years older than me in 2011,since after marriage my parents are not accepting marriage and from that day my parents as well as my siblings never talks to me and my wife who belongs to the rajput family and a financially strong family had never listen me after my marriage.my parents also evicted me from their property and family.and last year in september 2016,they also threw out from the house. and now i leaving in a rented flat near my house , the problem is she doubts on me everytime because of her posessive nature and called my office colleages or where ever she want ,even to a girl also ,use abusive language to talk to me and even threats me to stuck me in a legal case of domestic voilence, she also complaints so many times

Advocate Lalan Chaudhary answered
The violence against husband by wife may constitute crime but not recognized by the Domestic Violence Act. You can take recourse of the Indian Penal Code. Your father has every right and title in the property if it is self acquired by him. You can't even claim right to stay during his lifetime. It advisable to contact a lawyer of your choice and get solution of your problem .

Q: Admissibility of electronic media as evidence in court

I just want to ask can electronic media like video recording, Audio recording,etc is admissible in court or not..and what are the electronic media evidence which are admissible in court

Advocate Lalan Chaudhary answered
The electronic evidence is admissible in evidence in the manner as envisaged in section 65(B) of the Indian Evidence Act. While producing the electronic evidence you have to give a certificate to the Court under section 65B(4) of the Indian evidence Act.

Q: Advice in case when Supreme court cancelled University degree.

Sir I have Diploma degree of JRN rvdu University (2007-10).is my certificate is cancelled or this decision is only for B. Tech holder's. I am confused please guide me.

Advocate Lalan Chaudhary answered
By the judgment delivered, the supreme court cancelled the degrees in engineering conffered by JRN Rajasthan Vidyapeeth a deemed university. The judgment nowhere mention about the diploma in engineering. The diploma in engineering was not the subject matter of the Case. However the grounds on which degree in engineering is cancelled, if present,may be the grounds for cancellation of diploma in engineering.