Advocate Piyush Garg

Questions Answered by Advocate Piyush Garg

Q: What to do if a false rape case has been filed

Dear Respected Sir, Mere bhai ko 376, or 506. dhara lgi hn bhai ek central govt employee hain, jis lady ne charge lagaya hain unki or mere bhai ki age 36,35 hain. 2 saal tak relationship me thi, or jab uske pati ne dono ko sath dekh liya to pati ne rape case krva diya. aj 1 month se bhai jail me hain. please kuch solution dijiye

Advocate Piyush Garg answered
Did you tried for anticipatory / regular bail? Go for regular bail u/s 439 Cr.P.C. as he is in jail and for more opinion. It can be given after seeing FIR/charge sheet

Q: Rights of 2nd wife in the acquired and ancestral property of husband

How much share in the property can be claimed by the 2nd wife and her children in the acquired as well as ancestral property of the husband if he is unwilling to share any property? Religion hindu

Advocate Piyush Garg answered
In Hindu law, Keeping 2nd wife is unlawful in itself. So, you are not eligible for any share in property. But if any child is born by your relationship then he/she have legal right in the property.

Q: Is Arya samaaj mandir marriage legal or not?

Hello, mujhe ye jankari chahiye thi ki Arya samaaj mandir me marriage legal hai ya nhi.. because before 2 months ek news paper me aaya than it's illegal

Advocate Piyush Garg answered
Every marriage is legal until dispute arise between partners. Arya Samaj marriage is valid but if dispute arise. you have to be ready with respective evidence related to your marriage I.e. photos etc. To prove that you are married.

Q: Can marriage under Islamic law be registered when husband is a NRI

My wife and I are married according to the Islamic law and we have our marriage certificate yet we are finding it difficult to get it registered. I am a foreigner and my wife is Indian and that is where the problems lies. We tried to register it in the city where she works, and first the clerk said it cant be registered because am a foreigner, then we met the SDM who said, if we are married, then why do we want to register it and that he has never experience sanctioning a marriage certificate if one of the person is a foreigner and that he will consult his colleagues if this is possible. This was in November and till date nothing has being done. When we meet him, he says he is still consulting. Please can anyone help us out with what to do? Can we do it somewhere else? Please can anyone help us here? I just want this done, so that I can get her a visa to my country. Please help us out here

Advocate Piyush Garg answered
First clear, from which foreign country you belong? In which city you're trying to get register?And yes, according to your question their are provision related to this in special marriage act. Under which you have to make an application to D. M.