Advocate Mugdha Pandey

Questions Answered by Advocate Mugdha Pandey

Q: Validity of an Arya Samaj marriage certificate. Is marriage legal?

Sir agar arya samaj mandir m shadi hui h or certificate mil gya h lekin wo shadi court se ragistered nahi hui h to kya wo shadi valid h?

Advocate Mugdha Pandey answered
Yes the marriage is valid.If you got married under the Arya Samaj Mandir then get this marriage registered under section 8 of the Act by the Marriage officer/Registrar of the district/state, where this marriage took place.After 2006, orders of Supreme Court are strict on the issue of registration of marriages in personal laws. An Arya Samaj marriage can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs, the marriage is registered under the Special Marriage Act, 1954.Hindu Marriage Act places a responsibility upon the states to make laws regarding registration of the marriage but also places an emphasis that where a marriage is not registered, its non registration will not invalidate the marriage. It is often advised to get the marriage registered as per the Supreme court orders and, it is the correct way to avoid disputes in future regarding breakdown of marriage.Registering Arya Samaj Marriage as per Hindu Marriage ActRegistration is done with any Sub-divisional Magistrate, offline. Another option available at few jurisdictions like Delhi is of online registration. An appointment comes after 15 days.Fulfilling the formalities of registration form.Any document that provides the date of birth of the individuals.2 passport size photographs of both the parties are required, also one marriage photograph and Marriage invitation card (optional).Attestation of gazetted officer is mandatoryAfter fulfilling all the formalities, it is the duty of the district court to provide the couple a marriage certificate.A marriage registration cost around INR 100- 200.

Q: how to divide alimony money in first and second motion

I planend to give my child an FD of 20 lakhs and ny wife 30 lakhs for mutual divorce. But my wife is not ready to leave house before first motion. We fear she will take money for first motion and never come for second motion. And ask house also after that. How to divide money so that child also is in safe hands and she gets the zeal also to come for second motion to take money and give divorce and not leave in between. My property is in name of my brother and mother. Our lawyer says she should leave house before first motion and their lawyer says otherwise

Advocate Mugdha Pandey answered
You can prepare an MOU in which you can divide the amount in two parts I.e if you want to give your child an FD of Rs.20 Lakhs you can state in your MOU that FD will be given to the child at the time of first Motion and rest of the amount will be given to your wife at the time of second motion in court.After that if your wife agrees than this MOU will be signed by both of you and will be annexed and will be part of your divorce petition.Moreover she doesn't have any right over your mother and brothers property.

Q: Legal meaning of "call for lower court record"

What does "call for lower court record" by an appellate court mean?

Advocate Mugdha Pandey answered
When there is an appeal filed in any appellate court against the order of lower court and the appellate court needs to examine and acertain the facts filed in the lower court then they call for lower court record