Advocate Parminder Singh Jassi

Questions Answered by Advocate Parminder Singh Jassi

Q: Husband wants to get separated but I want to stay with him

Sir/ mam My husband is living in Australia from the last 4 years We get married on 21/3/2017 in the precence of all my family members and near dear After 2 months of our mariage my husband returned back to australia to join his college becz he was on study visa that time After some time he applied for my spouse visa in sep 2017 After that he gave me so much excuses about my visa And now he said that he is in relationship from last 7 months, the girl is an Australian And she is pregnant also Now my husband wants to separate from me . Bt I don’t want to give him divorce .I want him back in India .So what should I do ? Pls suggest me via mail . We both are Hindu family 

Advocate Parminder Singh Jassi answered
Firstly no man or woman can solemnize a second marriage without obtaining a decree of divorce from 1st spouse or by concealing the 1st marriage from 2nd spouse and to perform marriage is offence & is punishable u/s 494 IPC with 7years imprisonment of course that's if he performed second marriage .The second marriage he performed in Australia is null and void. If he's in live in relationship then you can file a complaint u/s 497 with Punishable for 5years. You can also file RCR restitution of conjugal rights u/s 9 of hindu marriage act.. Hope this will help good luck

Q: What to do if husband wants divorce and I do not want divorce

mare husband punjab police mein h on probation period but he has extra marital affair with divorcee girl,near about 2year ho gye he torture me mentally and physically choti choti cheeze ke liye bhi tang krte h,mujhe koi paisa tak nei dite and mare parents financial strong bhi nei or mari love marriage h jabki mari marriage mare parents ki merji se hamari apni cast mein ho rhi thi but mare husband ne mari marrige todwa di ye kh ke maine hi tete sath krni h nri to main mar jaoga or mare parents ko convence krke hamari shadi ho gyi.4 saal ho gye h shaadi ko or inka 2affair h.no child,ab husband ne divorce ka case file kr rkha h but mujhe koi summon nei aa rhe maine online check krwaya tha.3month ho gye ghr bhi nei aate abhi training chal rhi h but training mein chuti pr bhi nei aye ghr.khte ki nei rhna tere saath,main apne inlaws ke ghr rh rhi ha.mujhe divorce nei cahida.main inke saath rh skti ho ya nei kyuki huby ki posting ho jaegi april mein training ke bad.plz advice me all points.

Advocate Parminder Singh Jassi answered
Never give him mutual consent divorce. One thing if you don't want to divorce your husband just don't leave his house on any condition for that it is possible that you may face certain hardships and don't ever agree for mutual divorce u/s 13b of hindu marriage act let your husband fight the case against you .Contest a divorce against him it will take him long time to get decree of divorce against you may be a year or more it is still possible that at the pedency of case he may change his mind and agrees to stay with you. one this never beg him to stay with you just keep peace with him. Good luck, feel free to call.

Q: Clarification regarding 156(3) & police not placed status report

Dear sir my query is I have put a complaint in police but police have not registered my case after that many approc to senior but nothing to do.then I have put my petitions to district court but till know approx one year have gone nothing to do. Court have demand to police status report but police till yet not place status report not 3 to 4 dats have gone. So can you suggest any other option those have under my rights

Advocate Parminder Singh Jassi answered
Hello there as you mentioned you tried all from an application to SSP to filing a criminal complaint to magistrate as the court is awaiting police report after going through its in discretion of the Magistrate whether to issue process against the accused or not. Let me clear it to you that police takes it own time to submit report all you need is a patience as you said it's almost a year.. You can also initiate a proceeding u/s 190 r/w200 crpc to CJM and u/s, 482 crpc to high Court gL

Q: Want to take child visitation right after getting divorce from my wife

Myself is a senior bank professional(42 yrs) father of two minor kids male( 8years) and female ( 15years) Recently, we got divorced on mutual consent. Ex-wife is prohibiting and creating problems when i go to see children and she has spoiled my reputation. I have record of her ill-treatment with me like audio clippings etc. The children denied to come and stay with me as she intimidates them to talk to me. During divorce mediation they flatly denied to even talk to me out of the fear in their minds created by their mother. What can I do to see my children and get custody or visitation rights?

Advocate Parminder Singh Jassi answered
Yes you can claim right of custody of your boy and girl under Hindu minority and Guardianship act your son n daughter are above 5"years so now you're a natural guardian as you're a senior bank employee you can support them financially File custody petition thru an advocate good luck

Q: what are the formalities involved for Adoption of child by my husband

Hello, Greetings !! Iam from Chandigarh. Iam a widow having a baby boy of 3.5 year. Iam going to remarry a person . who is a divorcee too. As he is ready to accept my child. So please do tell what all formalities need to be done in adoption of child.

Advocate Parminder Singh Jassi answered
All you need to make your current husband adopt your son from first marriage is to obtain an affidavit from your ex husband I mean your first husband is still a natural guardian of your son without his consent your 2nd husband cannot adopt a child.. Good luck