Advocate Nitin Goklani

Questions Answered by Advocate Nitin Goklani

Q: Domestic violence by inlaws and no help from police

Me apne pati ke sath rhna chahti hu o 200 km dur srkari nokri krte h, yaha sasural vale mujhe preshan krte h or badcharitra kahte h or dahej ki mang krte h, jisme pti bhi sath deta h or sath le jane k liye mna krta h, mene 498 406 file kiya smjhaish me pti ne badcharitr kahke rkhne se mna kr diya, ab police bhi un pr koi karvahi krne k bjay meri help krne vale ek aadmi k sath mere cahritr ko lekr ulti sidi janch kr rhe h or unke khilaf koi karvahi n kr mere mukdme ko hi band krne ka pryas kr rhe h, margdarshan kre.

Advocate Nitin Goklani answered
HelloIt is very unfortunate that you have been suffering such harrasment by your in laws. In this case when you are not satisfied with police investigation, you can file a petition in the High court (before that in the trial court) for the purpose of fair investigation.Also you can file a case under the provisions of protection of women from Domestic violence Act for seeking maintenance and protection from ypur in laws. RegardsNitin GoklaniAdvocate

Q: How to cancel child marriage in court

am a service man in govt and I married with 15 year old girl about 7months ago. Can I cancel this marriage in the court? So that it is not risky for my job.

Advocate Nitin Goklani answered
Yes, it is possible for you to get this marriage annuled legally. For the same, your wife (through her guardian) will have to file a petition before the concerned court under the provisions of Prohibition of Child Marriage Act and the court after hearing the parties to the suit will declare the marriage as Void.

Q: Married person marrying again without getting divorce

Sir One person allread married and remarried first one is registered in registrar office and second marriage is arranged . When we caught about with evidence and both ladies was want to punished him he is in airforce plz suggest me how can I start this matter

Advocate Nitin Goklani answered
HelloIn this case where your husband has married twice without giving divorce to the first wife, you can start criminal proceedings against him at the Magistrate court having the local jurisdiction where the second marriage was conducted. The said act is an offence under section 494 of the Indian penal code, for which he may be punished up to 7 years of imprisonment when proved guilty. The offence is bailable and non - cognizable. In order to start such proceedings you can always prefer a complaint before the magistrate along with all the necessary documents / evidence of both the marriages.

Q: Wife refusing to live with my family and mentally harassing me

meri shadi nov 2017 mai huvi, meri wife aate hi 4-5 din k bad hi meri mummy se missbehave karne lagi, mai jab b office se thak k aata, roz silly silly kahaniya bna k pareshan karti, kabhi bimari ka natak karti. pihar rahne ka kah k jati par vapus 15-15 din nahi aati. bar bar kahti alag ho jaao. actually i think koi phone pai use koi missguide kar raha hai. par mai divorce nahi chahta but mujhe shak h ghar aane k bad vo kuch jhoothe natak kar k mujhe ya meri family ko na fasa de. plz suggest me what to do.

Advocate Nitin Goklani answered
Since you are seeking a legal opinion, I am supposing that you and your family members would have tried making her understand but it didn't work out.Now at this point I would suggest that you should file a suit for restitution of conjugal rights before the family court. The court will itself refer the matter fir mediation at the first hearing.. so that if there is any possibilities fir the realtionship between you and tour spouse can to work out then the court will help you for the same. Filing of this suit will also be helpful for the fact that in case if your wife tried to institute a false case against you, then you can always use this at your advantage to show the court that her FIR or complaint is a counterblast to your suit. Hence, you should act fast accordingly.RegardsNitin GoklaniAdvocate

Q: Can I claim maintenance if my husband is in a government job

Can I get some monthly money for living bcz he is in govt.job ITBP

Advocate Nitin Goklani answered
HiYes you can claim maintenance from your husband in such cases. But the amount of the maintenance will also depend upon your income (in case if you are working), child if any, and other factors like his other obligations towards his family members.Such maintenance can be claimed under section 125 Cr.P.C, Domestic violence Act, Hindu Marriage act, etc.