Advocate Rahul Kumar

Questions Answered by Advocate Rahul Kumar

Q: Mental Abuse by in-laws and husband

I have been under constant manipulation , isolation , gaslighting and mental abuse by my in-laws and husband. To the point i feel either i want to end this life or i want to end the marriage. We reached to a stage where i am no longer able to bear this mental abuse. Pls help with the way forward.

Advocate Rahul Kumar answered
From your query, it appears that you have been subjected to continuous mental cruelty by your husband and in-laws. Mental harassment is recognised under Indian law, and you are not required to continue suffering in such circumstances. If reconciliation is no longer possible, you may seek legal remedies, including filing a complaint under the Protection of Women from Domestic Violence Act, 2005, and, if appropriate, seeking divorce on the ground of cruelty. If you are having thoughts of ending your life, please immediately reach out to a trusted family member or mental health professional and do not remain alone. Your safety and well-being should be your first priority. Consult a local family lawyer with all relevant facts before taking legal action.

Q: Mera bada bhai hai jo mujhe bhot presaan kar rha hai mujhse pease magt

Mera bada bhai hai jo mujhe bhot presaan kar rha hai mujhse pease magta hai mere mna karne par wha mujhe dhmiki deta hai or mar ne ko kehta hai

Advocate Rahul Kumar answered
Agar aapka bada bhai aapse zabardasti paise maangta hai, mana karne par dhamki deta hai aur jaan se maarne ki baat karta hai, to turant najdeeki police station mein likhit shikayat dein. Agar police karvayi na kare to aap sambandhit Magistrate ke samne shikayat de sakte hain. Dhamki se jude call recording, WhatsApp chat ya anya saboot sambhal kar rakhein. Kanoon aapko suraksha aur uchit karvayi ka adhikar deta hai.

Q: Mutual divorce obtain through fraud

A friend of my ex husband took me to the lawyer who was actually working for my ex husband interest.as there was no one from my family side and my husband was living with another woman at his house while throwing me out of house ( 4 days before divorce first petition) and his partner was pregnant too.all this took a toll on me and fearing my life and that of my 8 year old autusic son.i thought best option was to compromise.there are lot of lies and misrepresentation I have solid proof

Advocate Rahul Kumar answered
If you signed any settlement or consent terms under pressure, fear, fraud, or misrepresentation, and you have credible evidence to prove it, you may challenge the settlement/decree before the competent court. If your husband was living with another woman, forcibly removed you from the matrimonial home, and subjected you to cruelty, these facts may also be legally relevant. Preserve all documents, messages, photographs, recordings, and witness details. After examining the complete facts and evidence, appropriate legal remedies can be pursued before the court.

Q: Issuance of Gazette Legal Heirship Vertificate in UP

I got a Legal Heirship verification (List of Family Members of the Deceased) of my Late brother issued by SDM Ghaziabad favouring his wife and Children. My brother has a property held jointly with me as well as family property held jointly with our Mother & myself. Authorities in Kerala are demanding 1) inclusion of our Mother as a Legal Heir& 2) reqmnt of a Gazette Leagal heir certificate. What should I do

Advocate Rahul Kumar answered
The Legal Heirship Verification issued by the SDM is only an administrative document and does not conclusively determine succession rights. If your late brother died intestate, all Class-I legal heirs under the applicable succession law must be reflected in the legal heir certificate. Therefore, if your mother is a surviving Class-I heir, the authorities are justified in seeking her inclusion.You may apply before the competent authority for correction/addition of your mother’s name in the legal heir records and obtain a comprehensive Legal Heir Certificate showing all eligible heirs. If the authorities in Kerala specifically require a Gazette-notified or legally recognized heirship certificate for mutation or transfer purposes, you may have to comply with the local procedural requirements or obtain a Succession Certificate/Declaratory Order from the competent court, depending on the nature of the property and the authority’s requirements.Since the properties are jointly held, only the deceased’s share will devolve upon his legal heirs, while the shares of the surviving co-owners remain unaffected. The exact course of action will depend upon the applicable succession law and the nature of the properties involved.

Q: Divorce file bcz he make false promises before marriage

He is saying everything fake regarding our marriage nd m not feel financially secure with him nd even he is not available physically ,emotionally idk but he did fake promises to me nd when i knw everything is lie i dnt want to be with him

Advocate Rahul Kumar answered
Based on the facts stated by you, if your husband obtained your consent for marriage by making false promises, concealing material facts, or misrepresenting his financial status, intentions, or other important circumstances, and after marriage you discovered that those representations were untrue, you may have valid legal grounds to seek appropriate relief under matrimonial laws.Further, if he is not providing emotional support, financial security, or fulfilling his marital obligations, and the relationship has broken down to the extent that you are unable to continue living with him, you may consider filing for divorce on legally sustainable grounds depending upon the specific facts and evidence available.It is important to preserve all relevant evidence such as messages, emails, financial records, and any proof of false representations made before or after marriage. A detailed review of the facts by a family law advocate will help determine the most suitable legal remedy, including divorce, maintenance, or other reliefs available under law.Please consult a local family court lawyer with complete facts and documents for advice tailored to your case.