Advocate Vishesh Bansal

Questions Answered by Advocate Vishesh Bansal

Q: What to do if my ex boyfriend is not letting my marriage happen

Before 6 months My boyfriend forcefully married to me in arya samaj without my parents . We are living separately. But now my parents want to marry with some one else. How can i married other person in shory period of time.. If that my ex-boyfriend is not ready for my second marriage

Advocate Vishesh Bansal answered
You could easily seek annulment of marriage, owing to the little amount of time which has elapsed the ceremonies at Arya Samaj Temple.Annulment may be availed on a number of diverse grounds. The advantage of an annulment is that legally speaking it is usually faster than a divorce process and you are not technically a "divorcee".

Q: What to do i don't want to divorce my wife

I am Hindu .Living in delhi. my wife has left me without any major issue.I got married last year in May, this is love cum arrange marriage. This year on May 10th, she left the home and said she never come just because of my unmarried sister and mom. In between, she has miscarrieged of one and half month pregnancy. when she is at her home, she did not pick my phone and never told about her miscariege. She also using facebook and talk to some other persons and given her mobile to other person. I never tolerate this but I love her I just want that she come back at my home . she doing pressure me for separation from my parents. I am only son of my parent and they are senior citizen. I am living on rent. she is stubborn always talks for separation. what should I do?May i filed a case for restitution of conjugal rights? Is it better for our future life. I love her . I cant leave my parents and my wife. I do not want give divorce to her in any way.

Advocate Vishesh Bansal answered
While you could definitely file for an application for restitution of conjugal rights; the question is would it be helpful? In my humble opinion you may seek to go to a marriage counselor and seek therapy with a psychologist. If the said efforts fail, parting ways may be the best course of action, albeit a little painful.

Q: Aadhar made mandatory for RPSC exam and i don't have one

Rajasthan Public Service Commission has made the Aadhar Card mandatory for the registration process of the RAS exam. As I haven't registered myself for an Aadhar card, neither do I plan to do it, I want to know if a writ petition can be filed against the commission's decision in either SC or Jodhpur HC. If yes, then how do I go about it ?

Advocate Vishesh Bansal answered
Namaste! A petition with the High Court should be helpful in addressing your concerns. This is especially true after significant observations and orders passed by the Supreme Court in the matter of ADHAR. The latest being, it not to be made mandatory as a proof of identity for availing a wide range of government services.I would love to help you go through withe the processes involved here and obtain a favourable adjudication from the High Court in the given matter. Feel free to get in touch, so we may be able to take this forward. Regards,Vishesh.

Q: Is marriage with girl who is 16 years old and i am 20 years old legal?

Sir i want to marry with a muslim girl she is 16 years old according to documents in reality she is 18 her parents beating her daily.i am 20 years old and i am hindu is there any solution can we ran from home after completing majority we will marry is there any solution.she also dont want to stay at her home her father doing sexual haresment but she dont wont to complain she only want to ran from home with me.plzz help sir can we ran from the home.

Advocate Vishesh Bansal answered
She can't get married to you before she turns 18. That's it and there's no way around it. If you convert to Islam for the purpose of marrying her, since as per Muslim personal law she could marry a fellow muslim legally, the marriage will still not be considered legal as the motive behind the conversion would be to marry her and nothing else. The court will disregard the marriage and in every case if there's any physical relation between you and her, you could have criminal charges brought against you. If you truly care for her, it is best to wait for two years more and then get married. Otherwise both of you could face certain danger.

Q: How to wind up a charitable trust

We had registered a Trust 2009 with the registrar office on Rs 100 stamp paper and for last six years there is not even one Rupee of transaction in it Please advise us how to wind up this trust

Advocate Vishesh Bansal answered
A document needs to be drawn out which would state your intentions of closing the trust. The same needs to be signed by each and every person who was made a trustee in the original document. It's preferable, that those who had signed on the original Deed sign on the closure document as well. Further, if regular reporting of results have been made to the designated authorities, then you may be able to transfer/give away the Trust to someone who could make use of it.