Advocate Naveen Chopra

Questions Answered by Advocate Naveen Chopra

Q: What steps can be taken if the divorce is not properly taken

My friend got married and after few months he got divorced with 100 Rs notarized stamp paper . Now his wife got married to another guy , so what steps my friend can take against his previous wife and her new husband . Her new husband threatened my friend few times to beat him up if he raise any issues .

Advocate Naveen Chopra answered
Your friend will have to take his previous wife and her new husband i confidence to teach them that divorse on stamp paper has no sanctity of law and their marriage is no marriage in eyes of law and children born out of this new wedlock are illegitmate .Your friend along with his previos wife can file a case of divorce by mutual consent wihout refering to the second marriage and can get the legal divorce

Q: In laws forcing to close the FIR wants to get mutual separation

A for was registered against my in laws.but nothing is happing. My in laws asked us to mutual separation and close to FIR .I am not able to run file court case I only want my right.but they asked me to sing a agreement wrtiitn with that I registered FIR to someone influence and I don't want to run it.my fir was not fake.it is geniune. I never get a single penny from my inlaws and they never mention it on affidavits. I want to know is it right .I never sing it. Will be a apt reason of closing fir

Advocate Naveen Chopra answered
I do’t know under what section FIR is regd but u should get fir under section 498A,406 IPC regd and also file complaint under domestic Violence Act for claiming right of residence through yr advocate .For pursuing yr rights get in touch with a lawyer in yr town.Do’t give divorce without getting sufficient ailimony.

Q: Girlfriend threatening to take legal action if I don't marry her

I had relationship with a girl for past 1 year. I never commited her regarding marriage. We had sex on few occasions. We had lots of fight in our relationship & she is too agressive & i didn;t felt that bonding with her & also i know that i won't be able to live happily if we marry. I broke up with her at last. Now after 1 month from break up she is threatening me to take legal action if i don't continue relationship with her & marry her. Though I had never given her commitment of marriage, she is now forcing me to give commitment too, else she will report to police & spoil my career & reputation for not continuing relationship & marrying her. What shall i do now? Is she can do some damage?. I am hindu & she is also hindu. Also my parents are against this marriage too.

Advocate Naveen Chopra answered
It is in your interest to resolve the issue with her otherwise you know law is pro women these days.Since she can file FIR u/S 376 IPC ie rape.The Police as per amendment in CrPC will have to regd FIR on her sole statement even without preliminary enquiry.In such cases even to get anticipatory bail is really difficult.