Advocate Mahima Bahl

Questions Answered by Advocate Mahima Bahl

Q: Can I marry a boy who is already married without he taking divorce

Hi, i am --- me n my bf are friends for 2-3yrs in between he had to get marry with other girl due to some family pressure n urgency but he has not shared any physical relation with that girl n v r still in relatioship, now we want to take this relation one step ahead, i am pregnant n we want to get married but the problem is his wife is not ready to leave him even then she knows that he dont love her so plz advice us what do should we do? Would we be able to live together without any hinderence? Plz advice us .........will be your great help!!

Advocate Mahima Bahl answered
Under the Hindu Marriage Act you cannot marry someone who is already married unless he gets a divorce. As per Section 5 (i) of the Hindu Marriage Act , marriage can be solemnized between two people if: neither of the two have a spouse living at the time of marriage As per Section 15 of the Hindu Marriage Act, When a marriage has been dissolved by a decree of divorce it shall be lawful for either party to the marriage to marry again.

Q: How to get divorced after 1 month of marriage

My Friend got married on 4th Feb 2018 , Is it possible her to get the Divorce on Early Basis.

Advocate Mahima Bahl answered
Your friend can file a petition for annulment of marriage if marriage has not been consummated. Otherwise Under Hindu Marriage Act, divorce can be sought from the Family Court under Section 13 of Hindu Marriage Act after the expiry of ONE YEAR from the date of the marriage. But there is provision under Section 14 of the Act which empowers the Court to waive off this one year period under exceptional circumstances. The petitioner has to give some cogent reasons for waiving off this period.

Q: Can tenant appeal to higher court without paying the arrears in rent?

we had filed a case on our tanent for non payment of rent in october 2016. we had a registered court agreement. lease is expired in dec 2016.. tenent did not appear in court in any hearing despite judge order. his lawyer came twice. he has admitted that he is tanent and did not give rent for 6 months with false explanations. now decision is coming in next hearing. My question is that our tanent called us and threatening us that he will move to high court. our court is in lower court now. can he move to higher court while he did not attend any hearing here? second question is that can he move to high court without paying arrears of rent and court fee/

Advocate Mahima Bahl answered
Sir If the court passses an order for payment of rent by the tenant he will have to pay . The tenant can file an appeal against this order However, you can file execution of the order if tenant fails to pay rent after court order. Unless there is a stay order in the appeal filed by the tenant he will be directed to pay rent as per court order .