Advocate Manish

Questions Answered by Advocate Manish

Q: Can a woman do second marriage without divorce to her first husband ?

i love a girl and she got married forcely by her parents. her husband torturing her mentally and physically using vry abusive language. if she leaves her husband without divorce and wants to live with me , then ss it possible that i can marry with her? is there any kidnapping case that her parents can do on me?,indian law for second marriage without divorce ?

Advocate Manish answered
Your perception is quite right. They can lodge a kidnapping case, but she can deny it. secondly she cannot marry you legally unless she divorces her first husband. The said marriage is nullity in the eyes of law. She can initiate 498A proceedings against her in-laws and a DV Act case. Thereafter she can file for divorce. The shortest route.

Q: How can I prove that husband and wife are living separately for the last 3 years, even though they a

How can I prove that husband and wife are living separately for the last 3 years, even though they are not legally separated? Can husband and wife live separately without divorce?

Advocate Manish answered
The said fact may be proved by the residential proofs, i.e. such as electricity bills, gas bills, telephone bills, etc. Any letter addressed to such address since last 2 - 3 years will also be sufficient proof.If none of the above is available, then the affidavit of any one witness i.e. any neighbour who is not having any interest in the said case will be sufficient evidence.

Q: Girlfriend is asking the gifts back after breakup, is taking back gifts after breakup legal?

My girlfriend gave me ₹20,000 as a gift and said it was mine, plus some for our expenses. Now that we've broken up, she wants the money back. Is it legally required for me to return it, considering she said it was a gift and I never asked for it?

Advocate Manish answered
As per law, anything once gifted can never be asked returned for.Do not worry, she cannot claim the same in the court of law.However, regards may be had for being blamed in the society, and always remember that there are a few false cases of implicating in false cases of harassment, stalking, rape, etc.So the decision lies with you.

Q: My mother-in-law is refusing to return my jewellery that she took from me.

I have been married for a year now, and my mother-in-law has taken all my jewellery and refuses to return it. Despite my repeated requests, she does not respond to me. What legal actions can I take if my mother-in-law has taken my jewellery?

Advocate Manish answered
The case of Domestic Violence and FIR u/s 406 / 498A is very appropriate in your case. You may approach CAW cell for your problem. You may further file a civil case for recovery of the same, but that is a very remote procedure and not frequently used due to availability of FIR and Domestic Violence cases.However, it is recommended to reconcile the matter within family to preserve the ties, as there are a possibility of the matrimonial ties been ruined after police complaint. You may talk to some senior matured member of your family. Still if no solution is remaining, then first of all you prepare the list of jewellery and other dowry articles, and thereafter file a police complaint before CAW cell of the area. You may collect the receipts/bills of such dowry articles as evidence.In addition to the same, you may file a Domestic Violence case before the Court of Concerned Magistrate.

Q: how to withdraw police complaint online

i would like to withdraw my complaint , How can a person withdraw his police complaint without going to the police station. Its just a normal complaint, fir is not registered.

Advocate Manish answered
Helo Sir,First of all kindly mention what type of complaint it was, means it was filed against which offence. However, You may call the concerned police official at your place, and may give in writing that you do not want to proceed further, and no further action may be taken. Secondly, you may sit idle as no fir has been registered and may intimate the concerned IO (police officer) even on telephone that you do not want to proceed further. So no action may be taken in that regard.