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Nitish Bisht

Posted 8 months ago

My father want to have divorce with my mother, and i live with my mother. My father had sent us a Summon of court due to which we had to go to te court to fight for the Alimony. So our case is in the court but recently the lawyer has told to get a new lawyer, he will no more fight our case. He ensured us that we have to submit a Order in the court after which my father would have to give us 15k per month to us regularly. He frequently abstain from answering our queries so we dont know where the case is going??? Please guide me with little advice so that i can bestow my faith in Lawyers again.
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A. Normally this things seldom happens where a lawyer withdraws from the case for reasons best known to him/her. You being a client have a right to change your lawyer if you have lost faith in him/her. If you unable to pay lawyer's fees, then you might prefer to approach Free Legal Aid Service, to fight your case free of cost. Believe me these lawyers are as good as others and work on pro bono basis. As far as your case is concerned I am not able to make out which order you're referring to which needs to be submitted in the court. Proper vetting of the case record needs to be done, before giving any legal advice. Legal positions cannot be answered without complete facts, as the answer will differ from one facts to other facts.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Hello ,My question is if a company does not have an office in places like Bengaluru, Delhi, Shanghai, Dubai, Mumbai & Melbourne.Only must be having a friend who has a house in that country and no office. Can such company mention Bengaluru, Delhi, , Shanghai, Mumbai Dubai & Melbourne and other such places in their INVOICE? If it is illegal then which IPC laws the company has broken.
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A. Need to do background check of the company. Can you send a soft copy of the invoice.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Hi Sir, I had married feb 2017 and i have one baby. I recently had quarrel with my wife. In an incident I was close to an accident because tension caused from wife so i have send abusive message with saying that I missed accident. After that message her brother threatened me that he will give police complaint about my message. I have already decided to take Divorse. In these case will I get punished under 66A while applying divorse.
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A. In a recent judgment of the Hon'ble Apex Court in Writ Petition (Criminal) No.167 of 2012 (Shreya Singhal Vs. Union of India, decided on 24.03.2015) has declared Section 66A of the Information Technology Act, as ultra vires to be in violation of Article 19 (1) (a) of the Constitution of India. Therefore, in any case the proceedings of Section 66A of Information Technology Act cannot go on. Section 66A of the Information Act 2000, has been striked down by the ruling of Supreme Court of India. You must file a petition under section 482 Cr.P.C. to quash any order or judgement arising from the criminal proceeding under this section. Since you have already filed a divorce petition, the quashing order from the High Court will protect your defence. However, you will not be entitled to get the custody of baby who is below 5 years of age. As per the Hindu Minority and Guardianship Act, 1956 the Hindu child below the age of 5 years shall be kept under the custody of the mother as till this age it is only the mother who can give proper emotional, moral as well as physical support to the child. The custody of a boy or an unmarried girl above the age of 5 years and below the age of 18 years shall be given to the father of the child as he is considered to be the natural guardian and only after his death the custody shall be given to the mother. With regard to Maintenance: The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife is 25% of husband's net salary to be just and proper amount as alimony
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Hi Sir, I have taken dowry of 1 lakhs while marriage. Now because of differences between us. I want to file divorse. But i have fear that I have taken dowry. Can i fight legally. Me and wife had frequent quarrel between us, and i have not physically abused her but my mom slapped once when she did wrong. Will we get punished for that ?
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A. Facts not clear. Can you be more specific how your received this amount of Rs 1 lakh. How long is your marriage and under which law? Any person who gives or takes or abets the giving or taking of dowry fall within the purview of the section 3 Dowry Prohibition Act. So if you have demanded dowry and your in-laws had given you dowry, then both of you will fall within the meaning of this section. Generally, no one comes up with this sort of complaints against anyone once dowry has be given and received during or after marriage. Beside its to be proved that there was such demand and transaction had occurred. I agree with Advocate Kavery Anand Pandharpurkar, you can take defend yourself by denying absolutely that it was for the marriage expenses. Gifts received by the husband are his property while gifts received by wife are stridhan. What I apprehend from your given situation is that she is most likely to lodge a complaint against you u/s 498A IPC and Domestic Violence. For that you need to apply for anticipatory bail from the HC. File a divorce petition on the ground of cruelty. Or else you both amicably settle the matter and file an application for a judicial separation and get MD after a year.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
hello I just need some information.my landlord claims she gave me advance notice for termination! 'not exactly', actually she just mailed me to vacate in three months.just after the day I mentioned her clearly to CALL ME if there is anything important to talk. because I cannot check mails due to some reasons. I have checked my mails this month i.e 'the last month of notice period and sent her lawyer notice to give me some time to vacate.i e 3 or 4 months to vacate or else I file injunction suit in court. And my question is can she file a complaint in police station and vacate me as her notice period ends?.does the matter is dealt in court or police complaint as I gave notice? can police really interfere in this ?. what if she gave complaint and police come to house and evict me ? what to say to them? can they do that?
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A. Police cannot interfere in civil matters unless there's a court order. What best you can do is to file a caveat in Civil Court as well Rent Controller having jurisdiction of your territory. And wait for the notice period to end. If she intends to file an eviction suit for recovery of tenanted possession and mandatory injunction restraining you from causing any damages or nuisance in the tenanted premises, she will first have to intimate your lawyer of filing such filing. Caveat will protect your rights against any adverse interim-order passed in your absence from the Court. If she had refused to take rent from you, it's because she wants you to be a defaulter which will be one of the ground for eviction. So send the rent amount by money order and if she refuse to accept the rent by mo then file a petition before the Ld Rent Controller for deposit of rent and start depositing the rent every month thereafter. Note: Under the West Bengal Tenancy Act, 1997 a tenant cannot be evicted without the due process of Controller.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
I had been married 3 yrs ago i.e.,2015.we had not kept family up to 10 months. after 10 months of our marriage we had kept saperate family in the house where my father in law holds title.on Nov 2017 I came to my father house for delivery.in June 2018 my father in law had shifted all the house hold assets in my house to his house without informing me and trying to give that house for rent.now they asking me to live with them in the combined family.i am not interested to live there because of the threats I got from my father in-law earlier.all the majority of assets are in the name of my father in law only.my husband has only nominal assets and nominal income.now I am alone with 6 months child.please help me in this regard.i want to know legal rights of me and my child
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A. You being a daughter-in-law of a share household have your own rights and protection under the law. You may lodge a complaint with the local police station for domestic violence against your father-in-law. Let the woman Support Organization interfere in this matter, then your father-in-law will taste the power of women. I hope your husband stay neutral/be in your favour when you lodge a police complaint against your father-in-law because you need to save your marriage as well. However, if your relationship has already turned sour and there's room to save the marriage, then you lodge a 498A IPC and domestic violence complaint against your husband and also file a divorce petition on the ground of cruelty and get maintenance and alimony for yourself and for your child. Our law system are also here to protect you of your rights and claims. Moreover, if you approach free legal aid service, your matter will be taken by an advocate on a pro bono basis (you don't have to pay any money). For your convenience, the definition of domestic violence is elaborated under section 3 of Protection of Women Against Domestic Violence Act 2005 3. Definition of domestic violence.-For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it - (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person. Explanation I.-For the purposes of this section,- (i) (ii) "sexual abuse" includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman; (iii) "verbal and emotional abuse" includes- (a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and (b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested. (iv) "economic abuse" includes- (a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance; (b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and (c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
My friend is 18 yeard old. She is a student from Delhi University. Her parents found out that she's in a relationship and deceivingly called her home and didn't let her go back to where her college is. She has no contact since 3 months now. We don't know where she is. Her mother has taken away her phone and threw aways her own phone as well. She doesn't let anybody see her. Can a complaint be filed? If yes, on what grounds?
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A. Who are you? What is your status? Why you are so bothered about her? She is safe with her parents. She is an adult knowing what is good for her. You need not worry about that. If you both were legally married then you would have a legal right to get your spouse back but in your case she is just a friend who is now with her parents. They might be planning for her early marriage which if happens she is gone forever from your life, unless she gets divorce and you accept and marry her. Don't ruin your life move on.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Hi , I booked a flat on Aug-2011 in Noida and take the mortgage home loan from bank and bank paid the all home loan amount in favor of builder. Possession not given till yet which was given on Dec-2011 and stopped the construction. Builder absconding.. Builder office closed and not reachable. we paid the pre EMI till next 3 years after that we didn't pay the Pre EMI.. because i was not sure builder will give the Possession... Bank take blank cheque from me at the time of loan disbursement.... Bank fill the cheque with whole amount without my consent..and cheque bounce.. and file the case against me.. i told to bank i will pay all EMI after getting the Possession or you can take property... I told to bank loan amount goes to builder account... I don't know what i do? I havn't faulty.. I heard and study, there are no consumer liability pay the loan before Possession... I can pay EMI after getting Possession or can surrender property. Please suggest in this case what i do?
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A. Banking might be charging you pre-emi because there might be a clause in loan agreement. A proper vetting needs to be done before jumping into any conclusions. When you borrow to purchase an under-construction property, you probably do not notice whether your repayment mode is a pre-EMI or EMI. All you know is you have to pay an 'x' amount every month. You might feel joy when your lender offers you the 'facility' of starting the EMI only after possession. But this is not so as you believe it to be. Once the loan amount gets approved and goes to the builders account, interest start even before you get the physical possession. Someone needs to pay this interest. If at the time of booking the flat, had you incorporated a clause making the builder liable to pay the pre-emi until you get the possession, this situation would not have arisen. Your builder would be held accountable for any defaults by the lender bank. Which in your case did not happened. Since you mentioned about cheque bounce, its most likely the bank will classify your loan as NPA and take give you a 60 days demand notice to discharge your dues to the bank. You should raise your objection within these 60 days from the date of receiving the notice. The bank will communicate its reply within 15 days or earlier. Thereafter the bank shall file an application before Chief Metropolitan Magistrate or DM for court proceeding. I'm not going into much details as of now. Further, the bank might bring a criminal proceeding against you under section 138 of NI Act for cheque bounce. You need to be prepared for all this least you be taken by surprise. Now things which you need to do:- (i) file a complaint with RERA against the builder so that builder gets blacklisted and cannot do any construction work in any other state (ii) Initiate a criminal proceeding against the builder u/s 420/406 IPC (iii) File a money suit against the builder (iv) File a case against the builder before Consumer Forum for damages (v) Contact your bank, don't avoid them as it will make matter worse. Try to work with them, tell them about your situation. I am sure banks will understand your situation. After all we are all humans. It's good to work with the bank and get some more time until this matter gets resolved. (vi) lastly don't panic, there's always a way out.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata
Hi i have got married in feb 2018 in uttar pradesh , wife also belongs to U.P. before marriage my father in law deposited 10 lakh in my account as marriage expense after marriage i did not demand for 1 single rupee , my wife came to bangalore in april as i am working here . after that she started fighting with me on very small small issue and one day her father came to my flat in june 2018 and took her daughter . presently she is staying in her native Fatehgarh till date and now he is asking for amount settlement and told me that he is decided to divorce even though i tried to save this relationship now please let me know shall i give the amount he is asking out side of court or how to proceed further ? and what is the guarantee after divorce he will not file any case against me ?
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A. You cannot file a MCD as your marriage is a very recent. MCD can only be presented to the Court by both the parties on the ground that you both have been living separately for a period of one year or more, that you both have not been able to live together and have mutually agreed that the marriage should be dissolved. This validity of period of one year applies for a contested divorce as well unless you're successful in taking the leaving from the court to present such petition on the ground exceptional hardship. In this situation even if you file a petition for RCR the chance of her coming back is minimal. Beside it might make matter worse as her father has no desire to that his daughter continue with this marriage. All his concern is about his INR 10 Lakhs. Tell him clearly if he lodge a complaint against you for dowry, the rule applies on him as well. Both the giver and the receiver are guilty and punishable under the law. (section 3 of Dowry Prohibition Act). Another possibility is that she might file a criminal proceeding under section 498A IPC and a petition under Protection of Women from Domestic Violence Act. Now coming to your situation, it is wise to speak with her and her father and draft a deed of settlement/MOU and put the terms that no criminal proceeding will be initiated against each other and you will pay INR 10 Lakhs in installment and that both the parties will file a mutual divorce petition after a year of separation and no further claim shall be made by her or her father. I hope this works out in your favour.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

Mohammed Mohammed

Posted 8 months ago

Sir I got a judgement in maintenance case And 90 days are over and my lawer not yet filed a case in high court, this will be the problem for me are there is any solution to get out of it,please advice me asap thank you.
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A. File an application for condonation of delay under section 5 of the Limitation Act. But you need to satisfy the Court that there was some valid reason for the delay. You being the client have the right to change your lawyer if you are not satisfied with him.
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ROBERT D ROZARIO Exp: 15 Year(s) Kolkata

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