Advocate Raman Sahu

Questions Answered by Advocate Raman Sahu (25+ answers)

Q: Inter Religion and different Nationality Marriage

Can a muslim girl of Syrian nationality and a hindu boy of Indian nationality legally get married under Special Marriage Act, 1954 (SMA) in Indian court?

Advocate Raman Sahu answered
Under the Special Marriage Act, 1954, a Muslim girl of Syrian nationality and a Hindu boy of Indian nationality may legally marry in India, provided both fulfil the statutory conditions. The main issues are the girl's valid passport and visa, proof of age, marital status, and the jurisdiction of the Marriage Officer. The couple should confirm the applicable residence requirement and documentary formalities before filing the notice of intended marriage.The bride must be at least 18 years old and the groom 21 years old. The marriage generally requires a 30-day residence-based notice and appearance before the Marriage Officer with three witnesses. The bride should also obtain the required embassy certificate confirming her nationality and marital status. Final acceptance of foreign documents and visa requirements should be confirmed with the concerned Marriage Officer.

Q: Challan not filled by police and adding the section

Dear Respected Sir, in my case i was arrested and serve judicial custody obtained the bail. i was accused of fraud charges, where payment reflected in my account instead of complainant account via third party. in this case challan not filled and police threating for press release and adding other charges in the FIR. i would like to know weather in such case my bail can be cancelled on the basis of new charges adding in the FIR challan.

Advocate Raman Sahu answered
Legal Suggestion:Yes, bail is not automatically cancelled merely because additional sections/charges are added after grant of bail. Cancellation generally requires substantial and specific grounds, such as violation of bail conditions, misuse of liberty, tampering with evidence/witnesses, absconding, or a serious change in circumstances. If new sections are added, the accused can oppose cancellation and seek protection by placing the complete facts before the concerned Court. Further, police cannot pressurise the accused merely by threatening to add sections; any proposed additional offences must be supported by material and are subject to judicial scrutiny.

Q: Mentally violence by Wife to Husband and his family.

This is to inform you that my brother got married in year 2022 (July Month) since then my (Bhabhi) wants to get away my mother and my sister and knowingly created very mentally disturbance situation. My mother is so much stressed since she came in the house. My Bhabhi always uses to say I will not go anywhere but I will not let them live happily and does not want see them living here.

Advocate Raman Sahu answered
If the wife is continuously creating mental harassment, abusing or humiliating the mother and sister-in-law, the husband should preserve proper evidence of specific incidents. Such conduct, if proved and of sufficient seriousness, may amount to mental cruelty under Section 13(1)(ia) HMA. However, no one should forcibly evict or threaten the wife, as she may have residence-related rights under the Domestic Violence Act. Initially, counselling/mediation and a proper written complaint may be considered; if the situation remains serious, appropriate matrimonial proceedings can be initiated.

Q: Legal process to end a family relationship

मैं इस रिश्ते से अलग होना चाहती हूँ और मुझे संपत्ति या किसी तरह का हिस्सा नहीं चाहिए। कृपया बताएं कि इस रिश्ते से कानूनी रूप से अलग होने के लिए मुझे क्या प्रक्रिया अपनानी होगी और कौन-कौन से दस्तावेज़ या कानूनी कदम आवश्यक होंगे।

Advocate Raman Sahu answered
आपकी स्थिति यदि Live-in Relationship की है और आप इस रिश्ते से अलग होना चाहते/चाहती हैं तथा संपत्ति में कोई हिस्सा नहीं चाहते, तो सामान्यतः Live-in Relationship समाप्त करने के लिए तलाक की कार्यवाही आवश्यक नहीं होती। आप अलग रहना शुरू कर सकते हैं और भविष्य के विवाद से बचने हेतु लिखित Separation/Declaration तैयार कर सकते हैं। संपत्ति में अधिकार केवल रिश्ते के कारण स्वतः समाप्त या उत्पन्न नहीं होता; अधिकार संपत्ति के स्वामित्व, खरीद, योगदान तथा लागू उत्तराधिकार कानून पर निर्भर करेगा। यदि कोई संयुक्त संपत्ति, बैंक खाता या आर्थिक लेन-देन है, तो दस्तावेजों की जाँच के बाद उचित Release/Relinquishment/Settlement Deed की आवश्यकता हो सकती है। यदि उत्पीड़न, धमकी या घरेलू हिंसा की स्थिति हो तो अलग से कानूनी संरक्षण उपलब्ध हो सकता है।

Q: Son not taking care of old parents

My brother in law has thrown his old helpless parents out of the house . They are 85 yrs old and have no source of income. Whereas my brother in his son daughter in law and daughter all earn more than 6lac a month. Can we file a case against him to take care of his old helpless parents.

Advocate Raman Sahu answered
They may file an application before the Maintenance Tribunal/SDM seeking monthly maintenance, residence/protection and other necessary reliefs against the son. If the house was transferred to the son subject to an obligation to maintain the parents, appropriate relief including cancellation of such transfer under Section 23 may also be sought. A complaint can also be made to the police if there is criminal intimidation, assault or other unlawful conduct.