Advocate Rajesh Bhadana

Questions Answered by Advocate Rajesh Bhadana

Q: Divorce court order passed to dissolve the marriage ,decree not given

My mutual consent divorce 2nd motion was done in december 2022 and orders to dissolve the marriage were passed on 12th Dec, 2022. The judge then went for leaves and is on leave till 31st march 2023 (3 months). nThe divorce decree is blocked due to judge not present. Can I remarry on the basis of court order which states that marriage is dissolved or should I wait for divorce decree?

Advocate Rajesh Bhadana answered
हिन्दी मेंIn EnglishNo you cannot marry before the decree is issued as technically you are married till the issuance of the decree. She may take advantage of this fact and reveal this. Bigamy is an offence. go legal.....

Q: Wanted divorce from my wife without mutual consent

If I want to file a divorce case for my wife, my marriage has done just 2 months back and if she has filed complaint against IPC sec498a then how to save myself and my family.? Also my wife is not leaving me and continously tortures me by creating some financial problems. Please guide me how can i get a divorce without facing much problems. I have no evidence against her.

Advocate Rajesh Bhadana answered
In Englis Cruelty which is a ground for dissolution of marriage may be defined as wilful and unjustifiable conduct of such character as to cause danger to life, limb or health, bodily or mental, or as to give rise to a reasonable apprehension of such a dangerkindly go legal...tnx

Q: Boy refusing to the promises he made

Boy promised mariage, took over 4.5 lakh rupees as help, time to time, i also helped him because i trusted him, and thought we are going to marry so partners need to help each other, even though I was hardly managing everything.He even stayed with me for 1.5 month, has sexual relationship with me, it's a big thing for me as i didn't want to get into any kind of relationship,which is temporary, I'm 30 years old, but never got involved sexually with anyone else, except this boy, because he promised that we will marry.Now he is saying that kundali match is showing some issues,and my parents won't accept this marriage so I will not marry you.While he was living with me, that time he said that he will try and find some way and will not leave me.I feel betrayed, can I do anything legally for this, I'm under debt, just for that person and now he is saying he will not marry.He knows that i had to take a loan for him from bank, but still doing so with me.

Advocate Rajesh Bhadana answered
The word “rape” is derived from the Latin term “rapio” which means to “seize”. In other words, rape can be defined as the ravishment of a woman without her consent, by force, fear or fraud against her will. Rape is a violation of the violence of the private parts of a woman, an outrage by all means. It is considered the most serious crime as it causes enormous emotional and physical harm that can last throughout the victim’s lifetime.Marriage is considered as a legally recognized union of two individuals as partners which gives them a right to perform their duties and also satisfy their physical desires. Among Hindus, marriage is followed by some traditional rituals for consummation. Therefore, marriage is the beginning of a new family and is also a lifelong commitment among both individuals.In some cases, it was seen that sexual intercourse has taken place between the individuals before the marriage based on the false promise made by the boy to the girl that he will marry her in the future just to obtain her consent to satisfy his lust. The girls generally give consent for the same based on a promise made to them as they think that in the end they will not get cheated, but if the boy does not fulfil his promise then in such a situation the sexual intercourse will be considered as rape because the consent was obtained by a way of fraud, and it is also possible that she may not have consented for the same if he would not have promised to marry.

Q: I am being mentally harassed by my wife and her family

Hi,nI am a Hindu and being married from last 5 yrs almost to a wife who is dominating and her family keeps interfering in my life and my wife allows it to happen.She and Her family has threatened me and my parents multiple times for dowry case and domestic violence.Even though I asked them to not interfere in my life but they won’t listen.her family is powerful.She doesn’t respect my parents and always on the call taking to her family and she doesn’t fulfill her duties as a wife.We have a 1.5 yr old son and she takes him wherever she wants without my consent.I want to file for divorce as it has become impossible to stay in this relationship as I feel like I will go mental or get some decease if I don’t leave asap.Please advise what should I do.

Advocate Rajesh Bhadana answered
हिन्दी मेंIn EnglishAccording to the court, “cruelty” is the “conduct in relation to or in respect of matrimonial conduct in respect of matrimonial obligations”. It is the conduct which adversely affects the spouse. Such cruelty can be either 'mental' or 'physical', intentional or unintentional. kindly go legal. initial proceedings as soon as possible....first try to resolve amicable if it's impossible go ahead for legal remedies available to both the parties

Q: We were married 1.5 year back as per Hindu law.. Living separately after 3 months of marriage with c

We were married 1.5 year back as per Hindu law.. Living separately after 3 months of marriage with continuous demand of mutual divorce by my husband My husband took 1cr term insurance after marriage and made a will to nominee his mother and his brother. Divorce was not filed.. And my husband has commit suicide with note/video against me. How can I claim for money of my husband's term insurance and his property..

Advocate Rajesh Bhadana answered
In case the policyholder commits suicide within this frame of 12 months of the issuance of a policy or the revival the nominee will not receive complete death benefits, however, the term insurance company will pay a benefit to the nominee that equal to a specific percentage of the paid premium by the policyholder ...go legal...