Advocate Sanjay Ashok Manik

Questions Answered by Advocate Sanjay Ashok Manik

Q: Is it legal to marry the first cousin under Hindu law

hi, i want to marry to 1st cousin (maternal uncle's daughter) how can go for it legally?? as i am hindu maharastrian brahmin. through arya samaj mandir is it possible to do this and what indian law say for this i am a bit confused can you please guide for the same

Advocate Sanjay Ashok Manik answered
according to the provisions of Hindu Marriage Act Marriage between prohibited degree i.e. relationship is void. but you can marry your maternal unclel's daughter under the provisions of Special marriage Act, then Hindu Law didnot applies you and remedies under Hindu Law did not avail you.

Q: Husband threatening to file divorce & child custody as living separate

I m living separate from husband since 3 month now he send notice that tell him about marriage future in 15 days otherwise he filed for divorce and 3 yr daughter custody

Advocate Sanjay Ashok Manik answered
First upon you should give legal reply to that Notice and then you can file Domestic Violance Case against your Husband for threatening for Divorce. You can also file Criminal case & Maitanance case under Section 125 of Cr.P.C.

Q: Legal remedy for claim for 3 year old children's custody by mother

I am Buddhist. I am the mother of two boys which are twins. my husband does not treat me well. he takes tuition at home. I am employed at NGO. I also help him in his profession as I get time. But he has influenced his two sisters on him. Both of them take most of the decisions of our married life. Both of them are married but they call him daily for hours & hours. My husband always talks to me rubbish & he beat me ( My mother in law also say rubbish & beats me). He always supports children to talk rubbish like him. After 6 yrs I have to take the decision to leave him but didn't allow me to take children with me and as I was alone I cant do anything. I cant take it any more. He always says that he will marry to other women. He also talks that I am with other men which are not at all true. I feel very bad that my husband is treating me like this. As I am working women & my children are only 3 & half year old. They need me. So, I want to ask how I can get both of them back?

Advocate Sanjay Ashok Manik answered
So many remedies you have such as, According to Law Mother is a Natural Guardian of Child till age of 7 yrs. of Child. You can file Petition for Claim your child's custody i District & Sessions Court. You can also file Application of search under section 97 of Cr. P.C. If you feel that your child is in Danger & your husband dinied to meet them.

Q: Will the privacy laws be affected by installing cctv outside flat?

We live in a housing society in Mumbai. We have troublesome neighbours incidentally one of them is a lawyer whose only job is filing complaints and cases against housing society. The neighbours have been throwing filth and flooding the passage outside our house with water. They indulge in such acts when the doors are closed. We intend to install cctv cameras so that we can catch the culprits redhanded. Is it legal to install cctv cameras outside our flat so that only the area outside our flat is covered. We will inform the society about it. Can the neighbours raise an objection to it? Since the privacy laws are not clear how can a person make use to cctv technology to protect oneself from such miscreants and mischief makers.

Advocate Sanjay Ashok Manik answered
To install cctv cameras outside your flat so that only the area outside your flat is covered is not affected anyones privacy. In fact its your right to protect & Safety of yourself. You can do so, and take apropriate action.

Q: Legal remedy against wife filing false case of domestic violence

Dear Concern , Request for Legal Opinion for DV case file by my wife against me . 1 and Half year complete of my marriage . After 6 month of marriage wife going to maternal place without any reason . I try many times but can ready to come . I only sent notice from Adv for provide the reason why not come she reply through adv notice physical and mental torches . But was not true . Actually im her second husband and her my first wife she was doing job and her 1st marriage also file the DV case and was solve and finally divorce. But not i am suffer i have Deep love with her but her family and mother not ready to talk and she also from mother and family side . So Request for ur opinion .

Advocate Sanjay Ashok Manik answered
There are several case laws available on false D.V. cases by various High Courts. But question is that, you are deep Love with your wife, you did not like to Divorce her. You can simply request to the Court where D.V. case file that, You want to Mediate your matter & ready for ammicably setteled it & live with your wife.Your matter is fit for LokAdalat