Advocate Surender Yadav

Questions Answered by Advocate Surender Yadav

Q: How to file for divorce if husband is already married?

Mere partner me mujhse dhoke she shadi Ki h WO pehle hi shadishuda h or 2bediya. B h or pehli wife she divorce b nhi hua h

Advocate Surender Yadav answered
for a valid marriage it is required that the parties to marriage shall not have living spouse and if there is living spouse then in such case the second marriage is not valid. In other words it can be said that second marriage is no marriage. Hence there is no requirement for divorce from the second marriage. The person deceived by such second marriage can get remarried without any divorce, as he/she is not legally considered married under the circumstances of second marriage, as is your case.

Q: Mother's brother took signature on release deed by false impression

My mother signed some court paper which was presented to my mother by her brother as *paper for power of Atorney* Later it was discovered that my mother put her signature on release deed and paper she signed was release deed.Her brother got transfer all her property. But my mother has not signed on deed writer register. Nor any witness comes to court for cross examination. Again stamp paper was purchased by her brother and he put thumb impression on stamp vendor register. Secondaly signature on deed writer was not of my mother .( proved by FSL report) Thirdly out of two witness one is died and we got 2 Fir against him in other cases. 2 nd witness doesnot come for cross examination. HERE is my question on what other point can we challenge release deed. How to go about it ...Pls help

Advocate Surender Yadav answered
Sir, release deed do not get executed before the court. The release deed is executed and registered before the concerned registrar. Here in your case it is important to see whether the release deed is registered or not. What is the age of your mother and whether your mother knows reading and writing. it is also important to know that how was the property acquired by your mother.

Q: Resignation within 7 days of job as doctor

I am a doctor who joined at private medical college 7 days back I found dept very bad .there was some problem with a pt like a dead abnormal foetus pt passed in toilet and attendants demanded that a nurse or sweeper should take it out and as usual they didn't help her . Attendants lodged complaint .now dept wants to save a doctor who is 2 yrs senior to me as this doctor runs a private nursing home of faculty member in near by city free of cost , Now they want to put all blame against me , I decided to resign but is it the solution I want to complain for this harassment plz guide me and if I resign on the spot then I will have to deposit one myth salary so what to do

Advocate Surender Yadav answered
Sir, you have just joined the said private medical college and you found dept. very bad and you have further told that the environment of the college is bad to such an extent that they have started harassing and blaming you for something that have not been actually done by you. Under these circumstances you shall sent a legal notice through an advocate to the higher official of the college along with the persons involved in causing harassment. Through the legal notice things will come into the knowledge of the higher officials who may be un-awared about the issue and there are chances that they may come forward to take appropriate action to stop such harassment of newly appointed doctors.

Q: School demanding sign of mother but I we have divorced, what to do

Dear sir/ madam I m a single father of my son since his birth as my wife had taken divorce under section 13 b after birth of child.she had written permanent custody in my favour. I m loozing after my child since his birth. Now he is going to appear in 10 cbse exams.school authorities called me to sign on his exam performa. But there is option for signature of both parents. I told them to leave box of mother signature blank.because she is not in our contact. School authorities are saying that it may cause some objection from board side. What should I do? I hv no objection on mentioning his mother name but her signatures not in my hand Pls reply on priority. Thanks

Advocate Surender Yadav answered
Sir fill up the form by leaving the box of the mother signature blank. There are several cases where the mother of the child is missing or she is no more, in all such cases the box for mother signature is left blank. You have a valid reason for leaving the box of mother signature blank, so don't worry.

Q: Prisinor in district jail wants to shift to the central jail

Sir, a person has convicted life imprisonment in a murder case. Now he has completed 5 yrs of his imprisonment in dist jail. My question is that what action we should take to send him off to central jail of state. Bcz from the initially he continued his imprisonment in dist jail. Plz suggest any rule or procedure which help to shift his jail from dist to central. However, this dist jail have sufficient spacing to manage the prisoner.

Advocate Surender Yadav answered
Any convict can be shifted from one jail to another jail by making an application in this regard before the court who have convicted and passed sentence against the convict, but there must be a solid ground for the such transfer. for example if there is any danger to the life of the convict in any jail and when the court is satisfied with this fact, then the court may order to shift the convict to another jail.