Q 1.My friend want to marry his cousin under Hindu marriage
act. But both are cousins. Is their
any way to get married under Hindu marriage or special Act ? Is there
any way to cover marriage in Legal Way?
Ans. To clarify your query:
In some
communities, sister's son and brother's daughter though cousins can marry as
the gotra, is different. Cousins with same gotra cannot marry. Any
such marriage under the Hindu law and religion is void and cannot be
registered under the Hindu Marriage Act or the Special Marriage Act..
There is
a scientific reason for this. Progeny of very close relation like cousins from
aunts or uncles (maternal as well as paternal) cannot be healthy; they can be
born with congenital defects, which can bring life long sorrow.
Hence
marriage between sapindas is void marriage and there is no legal way to marry.
Q
2. I got married in Davangere, 3 years ago to a
leading doctor with disability. After suffering abuse, verbal, physical and s*xual, i returned to my
parents within 4 months of marriage. Filed for Maintenance, and received 10 thousand as compensation. Meanwhile he filed for RCR and another case
in the in the high court saying that he earns only 15 thousand per month.
He produces CA certificate stating he
is earning 15 thousand. The high court ordered him to pay me 7 thousand every month
to me. He did not persue the RCR
case. I filed a DV in the Davangere Court. After 3 years of marriage, I want a divorce. I am fed up of marriage and
want to lead a single life. How
can I get a onetime settlement? How can I prove that he is earning at least 1
lakhs a month. I know a lot of what he earns is in black money or in cash
because I have seen bundles of notes in his house. Though he owns property he lives in a rented
house. Should I file the case in where his residence is? so
that I will get an early divorce.
Ans. You have not mentioned about your qualification or if
you are doing a job. To get the amount you are looking forward will depend on
this background. Secondly, if you are able to produce his income certificate or
the proof that he owns the house, then you have bright chances to get a
handsome compensation. You can ask your lawyer to speak with opposite side
lawyer to work on the compensation and divorce. If not you can go ahead and file
a single petition putting all the allegations and then negotiate and compromise
for some amount and settle the matter.
Q 3. Wife has filed petition for RCR. Now wants
compromise. Can RCR petition be converted to mutual consent divorce (MCD). Please
advice . Is there any problem in doing so –UN
Ans. RCR cannot be converted into mcd petition because both are for
different purposes , one for restitution of conjugal rights means wants to take
back his or her deserted spouse, on the other hand mcd is a procedure to take
divorce by filing divorce petition jointly by means of their terms and
condition (MOU) . So now you can arrive at the agreement through MOU,
withdraw the RCR case and file a MCD .
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