Advocate Prabha Shankar

Questions Answered by Advocate Prabha Shankar (25+ answers)

Q: Can minor girl elope with a major boyfriend

Sir I am a minor girl aged 15 years. I want to elope with my boyfriend who is 22 years old and working as Assistant Manager in reputed bank. We know each other for 5 years and fallen in love in due course. As we are Hindu and belong to different castes and so my parents are not ready for our marriage. When I discussed with my parents on this issue, they told me that they will marry me soon and never ever allow love marriage under any circumstances. They also threaten me that we can murder you and your boyfriend. I look more elder than I am due to my physique and so they have started searching boy for my marriage. Now, I am in dillema What should I do now. Kindly help me so that I can save my love. I shall remain grateful to you forever.

Advocate Prabha Shankar answered
Dear client, According you this time you cant do marriage before 18 it will be illegal , and more important that consent of a minor is not valid for sexual relation or marriage in the court , if you do so then your boyfriend will be liable for all offences concerning this matter . I think you should have to keep wait or obey your parent and do the best in your upcoming life. There is no remedy to do legal marriage with your boyfriend..

Q: Procedure to file for divorce after few days of marriage

Hii I got married just couple of week before through arrange marriage But after 2 day of marriage I came to know her behaviour was very cruel brutal of my family like mother and father. She threaten them and abused them and most of the time she beaten to my mother. I am very upset Pls suggust if there any plausibility of taking divorce to my wife

Advocate Prabha Shankar answered
You will have to wait for minimum 90 days of marriage. only Cruelty is not the proper ground to divorce,You should talk to her parent and her relatives and organise a meeting with both family and friends of you both and try to make make a good decision.Otherwise you can go to Mahila Thana before court .....

Q: Will a marriage between uncle and niece legal in india

Sir i wnt to know that is that possible to marriage between uncle amd niece will be legal in hindu religion. Pls suggest me the best option can i carry with the relation between uncle and niece to getting married.

Advocate Prabha Shankar answered
According hundu law there is no bar to marry , but in blood relation marriage will be voidable. General rule is - if you both are adult you can marry.If here your uncle is your own grandfather's own son than marriage will not be legal .

Q: What to do a criminal case is filed by my brothers wife

Lower court rejected AB of parents in 498a filed by my brother wife whereas all the alligation in FIR is wrong and my parents is dependent on me not my brother .what to do

Advocate Prabha Shankar answered
Post a letter to S.P , DGP and all the concerning police officer to do investigations, in letter include all the facts that you want to say. (what she is in actually and what she is doing )..after all of these you should proceed your matter in that respected learned court by a lawyer for bail and more legal procedings ...