Advocate Rajesh Xavier

Questions Answered by Advocate Rajesh Xavier

Q: Is it legal to remarry without taking divorce from the first spouse

She has been married to a person with the family pressures.But she does not want to live with him. She is saying to remarry again with me.She is not able live with him.She is saying that to going for a Arya-Samaj and to marry me.Is this the right way?

Advocate Rajesh Xavier answered
1)second marriage during subsistence of earlier marriage is null and void . 2.Section 17 HMA says that any marriage between Hindus is void if on the date of such marriage, either party had a husband or wife living. The same is punishable under Section 494 and 495, IPC.

Q: Neighbour giving my address in his bank documents what to do

In my neighborhood an old tenant son (residing currently in another address since 1.5 year) has some how created voterid for my home address without my knowledge and now has opened a bank account with kotak bank. Also I am not sure what other documents he has created on my address. Kindly advise how should I proceed. Thanks

Advocate Rajesh Xavier answered
1. Generally Banks consider communication address for sending communications like bank statements , marketing material etc, for its customers2.Write "Return to Sender" on the envelope or package. ...3.Write "Wrong Address" or another reason (optional). ...4.Cross out your own address. ...Leave the mail in or next to your mail

Q: Wife filed RCR -HMA in family Court

My wife filed RCR in family court. She is staying with her parents for last 8 months. We(me, my family friends )requested her and her parents to confirm my wife's interest on continueing marital relationship with me. But they told they are not interested to continue relationship with me. But unexpectedly they filed RCR. I have to attend the court soon. Infact, the actual story is, I am sw employee in hyd. She don't want to come my home town (my parents house)during holidays. She is willing to go her parents house Everytime. My parents are innocent and old aged. They want to see her. But she don't want to come my parents house. Due to this I let her not continue marital relation. But later we tried to know their opinion either divorce or continue relatiin with me( if she is ok to come to my home town. But she confirmed she won't). finally they filed RCR. And also my in laws are very worst fellows. They have very bad name in society. Kindly suggest how should I proceed in court.

Advocate Rajesh Xavier answered
1.filing for RCR won't serve the purpose as one cannot force her spouse to stay with her.2. wife who refuses to stay with her husband without sufficient cause Is not entitled to maintenance3.A husband can now seek a divorce from his wife if she restricts him from fulfilling duties towards aged parents, a new Supreme Court judgement maintained.4.in a Hindu society, it is a pious obligation of the son to maintain the parents. If a wife makes an attempt to deviate from the normal practice and normal custom of the society, she must have some justifiable reason for that.3. you can file for divorce after period of 1 year

Q: Regarding SC Caste certificate documentd

Sir, My family lives in Mumbai.The thing is we belong to SC caste in Telangana.I have old Caste certificate dated in 2010.My aadhar card and Ration card belong to Mumbai address..I was born in a village in Telangana.I have birth certificate too.We have house in our Village.Now I want to apply for a SC caste certificate in Telangana. Am I eligible for the caste certificate.

Advocate Rajesh Xavier answered
1.Applicant must belong to reserved category as Scheduled Caste, Scheduled Tribe, and Other backward Community2.Applicant must be an Indian citizen3.Applicant must be residing in state Telangana4.Applicant should complete age of 3 years to apply for community certificate.

Q: Check bounce issue due to my own father.please suggest me the best sol

Hi Sir/Madam,I was suffering with an issue from my father. My father is a drunker and wont do any kind of job. Out of hard work doing some kind of part time jobs I have completed my studies and got placed in a good company with 3 lakhs package. I had an account in SBI.For the purpose of paying my college fee I have applied for check book and signed one check to submit as a post dated check with regards to my fee in my college. I did it in 2017.But recently I lost my check book. Therefore I have freezed them in bank. But to my astonishment my father used these checks for borrowing an amount of 4 lakhs from a lender. He has given my check for security purpose with out my knowledge. Now the lender is making me afraid as my father is not paying the debt, he will deposit my check. He is urging me to pay the money. I argued as I was no way aware of the money borrowed and does not even know about the principal details, as I was not the person who took the money, I wont pay. Please suggest m

Advocate Rajesh Xavier answered
1. The burden lies n the lender as he has accepted cheques which are not signed, iif it was signed by your father without your knowledge its forgery2.Money borrowed from family and friends, unless accompanied by a legal document has no legal repayment obligation. 2.Such borrowings, if it is based on mutual trust only, the heirs of the deceased only have a moral obligation to repay such a loan.3. On the other hand, if any such loan is accompanied by a legal document, then the repayment liability will depend on the required clause incorporated in the legal document. Here too, the heirs may have to consult a lawyer to safeguard their interests.