Advocate Praveen Kumar Yadav

Questions Answered by Advocate Praveen Kumar Yadav

Q: Sister's in laws torturing her and not accepting her in their house

My sister, She has a 4 years old child. In june 2016, her in laws dismissed her from their house and she is living in parents home with her child.Her in laws family is refusing to accept her.They also tortured her mentally and physically many times for dowry.They are from police department too. What can i do now?

Advocate Praveen Kumar Yadav answered
very very unfortunate that it happened to your sister. Marriage has been solemnized in 2016 since 7 years have not been elapsed , you can lodge a First Information Report against the culprits under the provisions of IPC as well as Dowry Prohibition Act. Moreover you can alao lodge a complaint under DV Act regarding the same.

Q: Wife having affairs before marriage wants to file for divorce

Actually i am mentally harassed from my wife and her family members from last 6 months, i have tried too many time to clear the dispute. In between these disputes i got the news before marriage my wife have the some external affairs, one time she was cached by the some villagers in doing physical activities with her boyfriend and also she ran away with some Local boys from her home before marriage. But her family members hide these things from me. But this is the limit and i cannot live with her now after hearing these things.Her family members are treating me also they will ruin my life if i will divorce her. Am i eligible to take the divorce using this points or tell me the procedure how can i get the divorce.

Advocate Praveen Kumar Yadav answered
My friend,you can file the divorce on the basis of your contentions, there is absolutely no bar regarding this. You have to file a divorce case in the family court in case she is not willing to give you divorce. If she is willing to give you divorce then there is no problem in it, it is much easier and efficient method of Divorce known as Mutual consent divorce.

Q: Clarification on the grounds of divorce

Respected sir /ma'am, I writing to you in great need of time seeing probable help of your kind hand and advise. Sir &ma'am my sister is mentally harrashesd in her in-laws house,they blame ing her of being characterleless. He exploit her sexually he makes relation with my sister two to three times. She had swelling in her uterus even doctor refused to do he did it and says That why it happen with her sir. Harrashes to some extent that she can suicide or get mad. Even they don't provide her proper medication when she is I'll and force her to do work. Recentally my sister had kidney stone operated and Living and my home. But even though they call her and mentally Harrashes her by saying " she don't talk to him or phone him by herself she love another person she don't love him " And we speaks he says wo hamari aurat hum cahe jo kuch Kare tum beech mein kisi ko bolne ki jaroorat Nani hain " Finally my sister is refusing to go to her in laws house and want divorse Please reply

Advocate Praveen Kumar Yadav answered
The act of your brother-in-law (Jeeja) is cruelty. Cruelty can either be mental or physical. There is provision under Hindu Marriage Act 1955, which provides for divorce on the ground of cruelty. So my suggestion is that your sister should file a divorce case against her husband in family court.

Q: Legal consequences of having physical relation on the false promises

Wants to know what can be the charges and upto which extent against the person who had maintained physical relation with the making of false promise of doing marriage.

Advocate Praveen Kumar Yadav answered
Yes there are provisions under Indian Penal Code to prosecute a person who has commited sexual harrasment on the pretext or promise of marriage. You can lodge First Information Report against that person Under the provison of Rape which are very stringent in nature.

Q: Can I Marry my niece under Hindu Laws ?

Hi , I want to marry with niece. She is actually my mother's sister daughter daughter's in short my mausi daughter daughter's? This sounds weird I know but that's how it is. Since I am good person so would like to take an opinion before jumping to any conclusion. My only intention is not to hurt anyone. But yes somewhere I want to settle down with my niece. My question is can we go a head as per Hindu act? I am from Brahmin community. I heard that this is possible in south India even now.

Advocate Praveen Kumar Yadav answered
Yes you can marry your niece under the Hindu Merriage Act, 1955 if the customs and traditions permit you to do so. Therebis absolutely no illegality in marring your niece but it must pe permissible under your custom otherwise it would be a void marriage meaning thereby it has no value in the eyes of law which would land you in trouble.