Advocate Sunil Kumar Mahto

Questions Answered by Advocate Sunil Kumar Mahto

Q: Procedure for inter caste court marriage according to HMA.

my gf is Hindu and we want to get married as we both are now earning ...but our family are not ready to accept us....we want to get married through court legal procedure so that no one can separate us ...plz guide me what to do and whom should I contact and what time does it take to fully complete our marriage procedure ...can I kept this marriage fully secret

Advocate Sunil Kumar Mahto answered
You have not disclosed your religion, however for registration of marriage you have to apply in prescribed form and submit that in the office of registrar or sub registrar within whose jurisdiction the marriage is to be solemnized. You can contact any advocate practicing in Civil Court having experience in marriage cases. You can keep your marriage secret but you have to extra buck to the staffs of the sub-registrar.

Q: Remedy in case Wife of extra marital affair filed case against woman

I am a Hindu married women .I have extra affair with my friend and he is also married.now his wife file case on me and her husband that we want to marry each other but I don't want to live with my friend.now I am happy with my husband añd we are spent a happy life ... what to I do to save our married life ...can I guilty..

Advocate Sunil Kumar Mahto answered
According to Section 497 and 498 of IPC:-1. Man is always a seducer and the married woman just an innocent and a submissive victim.2. Wife is no more than a chattel to her husband and a third person had committed the crime of intruding upon his marital possession by establishing a physical relationship with his wife.3. Only the husband of the treacherous woman (or a person who had care of the married woman) is a distressed party and he is liable to file a complaint against the third party.4. There is no provision in the law for a woman to file a complaint against her adulterous husband. If a married man commits adultery with an unmarried woman or a widow or with a married woman with the consent of her husband, his wife is not regarded as an aggrieved party and she is not permitted to make any official grievance against her husband.

Q: can appeal be given to HC for anticipatory bail

1.Do the Court of Sessions and High Court have same powers regarding Sec 438 of CrPC.? if ''YES"... then on what basis (law) does a person make an appeal to HC for grant of Anticipatory bail.? 2. Can a person make an appeal under SC/ST Atro Act ? Note: read Sec 18 of the Act.

Advocate Sunil Kumar Mahto answered
Yes, any person can make an appeal under section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. First file a anticipatory bail application in Court of Sessions and file an appeal in High Court to set aside the order passed by the Court of Sessions.

Q: How to get divorce and child custody when wife having extra marital

How to file a divorce and to get the custody of child in case wife is having an extra marital relation?

Advocate Sunil Kumar Mahto answered
You can file divorce on the ground of adultery (section 497 of IPC). Adultery as one of the grounds for Divorce in India under Section 13(1)(i) of the Hindu Marriage Act.Adultery—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

Q: Family not providing basic expenditure to join school

3 year ago my friend requested her parent that she want to marry a certain person but her parents denied and her life change. She was mentally and physically Torture by her father and brother. Her family not providing basic expenditure so she join school and giving private tution for her expenses,but her father and brother torture her to leave the school and private tutions . What legal action she take to over come this situation

Advocate Sunil Kumar Mahto answered
You can register a case under Protection of Women from Domestic Violence Act, 2005. After hearing the matter Magistrate can pass order for counselling of both the parties involved (Section 14) Assistance for Welfare Expert (section 15) Protection Order (section 18) or any other relief sought.