How to Settle Property Disputes in India

Dear Client, From the prolonged content of your query, it appears you are extremely aggrieved with the service of the service provider and decided to move the Court for relief. On detection of defects in the product, post-purchase is termed and defined under Sec.2(34) of the Consumer Protection Act, 2019 as "Product Liability" which means the responsibility of a product manufacturer or product seller/service centre, to compensate for any harm caused to the consumer/customer by such defective product manufactured or sold or for a deficiency in services relating thereto. Chapter VI, Section 82 to Section 87 of the Consumer Protection Act deals with product liability and So, in the given scenario, serving a strong legal notice to both Service Provider and the product manufacturer, you can file a complaint against them over alleged deficiency in service and unfair trade practices before the District Consumer Commission under Section 35 of the Consumer Protection Act, 2019 claiming replacement of the vehicle or refund of the cost of the vehicle including the expenses incurred towards repairing/servicing along with compensation for harassment and cost of litigation. As per Section 69 of the CPA, the complaint should be filed within two years from the date of the cause of action. Since you have been facing a deficiency in service since 2017 up to now, your claim is now barred by limitation. So, you have to file a petition seeking condonation of delay on the grounds of continued cause of action along with your complaint petition and lead the evidence to justify your claim before the Commission. If required, hire the service of an experienced Advocate handling consumer cases to navigate the issue in the right way.

As per law father is the natural guardian of child above 5 years. Fluency in English does not mean that person is intelligent and sane. Many people like from china, Japan, USSR, Israel etc uses translator to communicate. 1. Since child is born in India hence till 18 he can have be Indian citizen or be Australian citizen and on attaining 18 child shall have option to choose citizenship of either country. 2. Yes. 3. Yes. On attaining 18 years he shall have option to choose citizenship of either country. 4. You cannot stop a person from filing case but you have right to defend and also to take precautions to save yourself from such frivolous cases.

Dear Client, To address a false complaint or an FIR filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973. The Sec.482 Cr. PC empowers the High Court to quash the FIR/criminal proceedings initiated before the trial Court against the accused. It is essential to prove to the court that the criminal suit was lodged with malicious intent to cause harm or inconvenience and is devoid of truth. The burden of proof rests on the petitioner. An application for Quashing of criminal proceedings can also be filed before the High Court under Article 226 of the Constitution of India through a Criminal Miscellaneous Writ Petition. In the Shayara Bano case (2017), the Supreme Court in a landmark 3-2 verdict, had struck down instant triple talaq declaring the practice or custom of triple talaq as unconstitutional. The court established a legal prohibition on Triple Talaq, with the enactment of the Muslim Women (Protection of Rights on Marriage) Act in 2019 and as per Section 4 of the said Act, any Muslim husband who pronounces talaq referred to in Section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine. For cancellation of LOC(Look Out Circular), a person against whom LOC is issued must join investigation by appearing before I.O. or should surrender before the court concerned or should satisfy the court that LOC was wrongly issued against him. He may also approach the officer who ordered issuance of LOC & explain that LOC was wrongly issued against him. You can approach High court under section 482 Cr.P.C if the LOC is issued by trial court in arbitrary manner;

Dear client , Each case is unique in its own way. In determining interim maintenance and alimony, the court will consider several key factors. Your annual income of ₹15 lakhs will be assessed alongside your wife’s status as a housewife, which affects her earning capacity and financial needs. The court will evaluate the living expenses necessary for maintaining a reasonable standard of living for your wife and children, recognizing that she has been a housewife and separated from you. The duration of separation, which has been two years, will also be taken into account, as it impacts the financial support required for both your wife and children during this period. The amount awarded can vary widely. As a rough guideline, courts sometimes award around 20-30% of the husband’s income as interim maintenance, but this is not a hard rule. It depends on the specifics of the case. Most importantly, There is no fixed formula for determining interim maintenance. The court considers various factors, including the income of the earning spouse, the needs of the spouse seeking maintenance, and the standard of living maintained during the marriage.

Dear Client, In matters of divorce and child custody, it's crucial to consult with a family law attorney who can provide advice tailored to your specific situation. Generally, grounds for divorce can include mental cruelty and abandonment, but the legal procedures can vary based on the jurisdiction involved. In international cases like yours, it might involve additional complexities. Your husband's absence during hearings may indeed impact the process; your attorney can guide you on how to address this. Alimony and child support calculations depend on various factors, including your respective incomes, child custody arrangements, and living expenses. Your career restart and earning income might be considered in alimony discussions. Remarrying could influence alimony but generally does not impact child support. Child support and visitation rights are usually separate matters, and paying child support does not automatically grant visitation rights. Consulting a family law attorney will provide the most accurate advice tailored to your specific situation and jurisdiction. Thankyou