Advocate Vivek Jain

Questions Answered by Advocate Vivek Jain (25+ answers)

Q: Divorce from husband if there is no physical relationship between husband and wife

no physical relationship between husband and wife for last six month can i file a divorce case because i don't want to live with him

Advocate Vivek Jain answered
Yes. Definitely. You may file divorce case against your husband on this ground and other grounds also. Not having physical relations is not only a sole ground or pre-requisite to file for a divorce. Pls consult further so that we may advice you other course of actions which you may prefer against your husband.

Q: Is premarital sex legal in india ?

Sir /mam I just want to know if two adult girl and bay make a sex relation before marriage with mutual understanding according to indian law is that illegal or not. Plz guide me with law act{dhara}, is it legal to have sex before marriage ?

Advocate Vivek Jain answered
Yes a consensual sex between two adults is legal provided the consent of the girl is not obtained by force fraud or coercion or under influence of any toxic substances or drugs etc. Also the consent must be free from any pressure. Otherwise it is a punishable offence under various provisions of law under IPC.

Q: Legal Validity Of MOU In Future..

If any mou is signed on which it is written that dowry neither taken nor demanded can it debbared to file cases again if dispute arises again

Advocate Vivek Jain answered
No. In case any dispute arises in future, the MOU may only be one of the safeguards but it will not debar the complainant to file a case. The complainant is free to file a case under relevant laws. The object of MOU shall be well drafted and it must be acted upon immediately or as detailed thereon specifically.

Q: Wife died and made a will want to probate it

my wife died on 13.3.15 in hospital and made will on 11.3.15,dully attested by 2 independent witness and doctor.what is the procedure to probate the will now. what is court fee in saket court delhi and lawyer fee and time reqired for probate.please contact at.

Advocate Vivek Jain answered
A wil is not required to be probated in Delhi. As per law, in Delhi you are not required to take probate on a Will. You may directly go for executing the will as per it's contents. Being a beneficiary of the will, you may present the will before concerned authorities and proceed with it.

Q: Husband wants divorce as wife disregards husband's family

got arranged married 3 months ago. She is central govt. employee and I am private employee living with my parents residing in govt. accommodation allotted to my father in Delhi. My mother is paying for her expanses and she never disclose her salary to us while asking replied that she will not contribute on monthly basis but can share when in need. recently She got selected on higher scale in some other city 700 km far on 7th feb but did not inform anyone in my family till 17 feb . on 17th her father came and took her to their home and said she will be joining the new job from 1st march. I and my family are not convinced with her new job as far from home and resident in nature(she has to stay in school accommodation NVS). Although she is saying that after joining will take Leave without pay to live with me but it sounds bluff to me any my family. Meantime while checking her mobile I got to know that she disregard my family to her known and also had boyfriend before marriage.

Advocate Vivek Jain answered
Sir, if u wish to file a case of divorce the above mentioned grounds are not apt and sufficient. Pls meet in person so that I can guide you better as to what else we can find from your married life history, if you really want to file for divorce.