Advocate Vritant Dua

Questions Answered by Advocate Vritant Dua

Q: Husband torturing and demanding dowry want to take legal action

Husband committed fraud by marring a girl and has filed divorce within 3months marriage.Husband has been mentally torturing and physically abusing.demanding dowry .threatening ,murdering girl if she leaves him.case is in police women cell delhi.hindu.

Advocate Vritant Dua answered
Dear client,First of all divorce case cannot be filed within 3 months of marriage as per law. If he has filed it, judge will not entertain it and will dismiss it.Secondly, the girl in question can file a domestic violence case, in addition to a case for annulling the marriage. For further details and discussion, plz feel free to contact.

Q: Prevent myself from any false case by my girl friend's family

I and my girlfriend are running away from our family to do marriage and we both are hindus. Girl parents are totally against the marriage due to inter-caste. We are looking for arya samaj marriage and then register our marriage. The girl parents may file a complaint against me and my family. So please help us.. Should my girlfriend give a written statement to the police station to avoid the complaint. Also guide me the process.

Advocate Vritant Dua answered
Dear client,First of all, do a court marriage and get yourself issued a marriage certificate. Thereafter u can do marriage in the arya samaj mandir. Then give a written complaint to the relevant authorities , i.e., the SHO of the concerned PS and other relevant authorities. Then comes the most important step. File a writ petition for police protection in the high court through advocate. The court if satisfied will issue directions to the concerned police and then you can stay peacefully with each other.For the court marriage procedure and formalities and for the connected proceedings, plz contact me.And last but not the least, All the best for your future !!✌

Q: What to do if wife is not agreeing for Mutual Divorce

I m 38 yr old and 10 yr married Hindu punjabi guy having no child from this marriage. Hv tried utmost to continue but fed up with regular quarrel and tried to suicide too. And now decided to get separated instead of harming self as wife not ready for mutual divorce and mine parents forcing me to continue with her for sake to maintain status in society and relatives. I did and live for 10 yrs according to parents in such way now either I Hv to finish mine life or need solution.. is living separated in any hostel is solution where I can file divorce petition one or two yr later if separate living

Advocate Vritant Dua answered
Dear client, Since your wife is not agreeing for mutual divorce and you have quarrels and have attempted suicide also, you can file a divorce petition on the ground of cruelty. As per the law governing the field, you can straight away file the divorce petition as you have been married for 10 yrs and the law says that the divorce petition can be filed only after a year has elapsed since the date of marriage. If you live separately then it will become a ground of divorce for your wife and she can file a petition for divorce on the ground of desertion. Desertion means that you have wilfully left the company of your wife and also neglected her, which I strongly feel is not way you should proceed. You should take your stand boldly and instead of living separately in a hostel, file for divorce on the ground of cruelty. PS:- But your wife, for her safe side, can file counter cases of dowry, domestic violence, maintenance, etc. since it has become a norm these days just to put pressure on the husband and his family . To be on the safer side, you need to prepare yourself mentally and keep your defences ready. However, there is no straitjacket formula for the same and depends on the facts and circumstances of each case. For proceeding further and for any/further query, please feel free to contact.

Q: Procedure for the inter caste marriage

I was Hindu but I married to a Muslim boy after accepting Islam according to Muslim law.i married according to Muslim law firstly I read kalma and complete the whole procedure of nikaah.i didn't inform my parents but now I told my parents about my marriage now I want to settle with my husband permannently.. I did marriage with my free consent nd also want to left home with my will only...so in future can parents create any legal problem?and if yes so what are the safety measures I can take?please answer as soon you can give..

Advocate Vritant Dua answered
You can do court marriage. A court marriage is done before a marriage registrar. However, the girl should be 18 yrs or above and the boy should be 21 yrs or above at the time of marriage. For court marriage, 2 witnesses are required who can testify and sign the marriage register in your support. Once the procedure is complete, the registrar will issue a marriage certificate in your name which is a legally valid proof of your marriage and the marriage will be registered. For any query/clarification, regarding the process of court marriage please feel free to contact.

Q: Can i file for divorce if wife staying separately and giving stress

If wife keeps on going on and off to her parents without husband's will and keeps the child away to not allow bonding by husband and in-laws. And out rightly refuses to live with in laws. Insulting in laws and asking them to leave when they are aged and unable to walk and stay alone. Making false allegations and even going to police at one occasion. She took all the valuables of her and mine we got during marriage. It is mental torture to live with her. can i get divorce on the above grounds? What evidences will be needed

Advocate Vritant Dua answered
First of all, you have not specified that you are a Hindu or not. Assuming that you are a hindu and the marriage was solemnised as per Hindu rites and ceremonies, as per the Hindu Marriage Act you can file for divorce on the ground of cruelty. Regarding the evidences needed, that can be discussed and worked out only after seeing the allegations made by your wife in the police complaint. For further queries, plz feel free to contact.