Q.7 I am a working woman and have purchased a property in my name. my son and her wife is residing with me in the property. my daughter in law had started fighting with me and my husband and my daughter. my son does stop her. we are very disturbed due to the attitude of my daughter in law. I do not want to keep her in my house what should I do.
A. You can file a suit for eviction of your son and daughter in law from your property in court. You should also issue a public notice in newspaper debarring them from your immovable and movable property. Before taking any action you should call a meeting of parents of your daughter in law and respectable members of your society to amicably resolve the matter. In case you file case against your daughter in law, in counterblast she can also file case against you, so be prepared for it.
Q. In Q7 i want to ask whether i can file case only against my daughter in law without filing case against my son, as my son is currently unemployed.
A. You can file it only against your daughter in in law but that can legally complicate the matter. Your daughter in law has a right of residence in the shared household and your property is a shared household in the facts told by you. Filing of case without seeking ouster of your son from property will benefit your daughter in law as your son is in support of her wife. You should consult your lawyer for more and clear guidance.
But on social issue I would like to advice you that you should make prompt efforts for employment of your son. Many times wife gets disturb due to unemployment of her husband also, which may cause family unrest. If your son will be employed, he may himself gain confidence to move out and live independently and you will enjoy good bond within your family.
Q.8 My husband and mother in law are continuously torturing me after my marriage. Can i seek divorce on this ground from my husband?
A. Yes you can file divorce case against your husband on ground of cruelty. Additionally you can also file domestic violence case against your husband and mother in law. You can also seek maintenance/ expenditure from your husband.
Q.9 My neighbor is constructing his house next to my house which has caused some damage to my house. he has also cast his first floor balcony/ chajja on road. I have asked him not to do unauthorised construction but he is not stopping. what should i do.
A. Unauthorized construction is none of your business, that has to be seen by the municipal authority or development authority of that area. Your concern should be the damages caused to your house due to his construction. If your neighbour is ready to compensate you for the damages caused to your house then end the matter therein. However if he refuses the damages, then file complaint against the unauthorised construction with photograph with local municipal or development authority and therafter file suit/case for unauthorised construction and damages against your neighbour and municipal authority in the court.
Q.10 I got a marriage proposal wherein I was told that my husband was having one lakh salary my parents agreed for the marrige and spent huge amount in the my marriage and given dowry as per their demand. After 9 months of marriage I have come to know that my husband earns only rs.20000 - 25000 per month only. Can I file divorce on this ground? Can I recover my expenditure and dowry of marriage as my in laws and marriage fixer had cheated us.
A. Your marriage is a voidable marriage that means you can seek decree to declare your marriage as invalid (annulled by a decree of nullity ) on grounds of fraud. But please take note that limitation(time limit) for filing the case is one year from the time you came to know about the fraud. You have to show the court that your consent for marriage was taken by fraud by misrepresenting an important fact. You can also recover your expenditure on marriage in a separate suit (proceeding). You may also file a criminal complaint against all the concerned persons who were involved in this fraud.
Q.11 My father has four children including me. Three brothers and I am only sister. My father had build up a three floor property. I and my brothers are married and I am residing in my Sasural with my husband. My father had expired one year back. My brothers without taking my consent have distributed one floor each among themselves without giving any thing to me. When I asked for my share they told me that since money had been spent on my marriage therefore I have no share in the property. Can I go to court for my share in the property.
A. If your father has not left a will/vasiyatnama in favour of your brothers then you have equal share in the property. You can file suit for partition against your brothers along-with stay on the sale purchase of your father's property. Expenses in your marriage have no consequence on your share in the property. You are fully entitled for your equal share in the property. But please do hurry up as your brothers may try to sale out the property to avoid giving your share.
Q.12 What is the legal age for court marriage. And documents required for the same.
A. For girls the legal age for court marriage is 18 years and for boys it is 21 yrs. Documents required for court marriage are 1. Identity proof 2. Address proof 3. Date of birth/ age proof. two witnesses are also required for court marriage. Always go for registration of your marriage with the government department. If you are performing the marriage without the consent of parents please inform the local police of both bride and groom about the marriage so that parents will not be able to lodge any false case or missing report.
Q.13 I have taken a loan of R.50,000/- from a local money lender and had given three signed blank cheques for security to him. I have already paid him more than 1 lakh rupees but he has not given any receipt of the same. I have stopped the payment of interest due to the reason that he was not giving the receipt of the same. He has filed a case of 138 N.I. act by misusing my cheque by filling amount of Rs.2.5 lakhs. He is further threatening of misusing my other two cheques by giving them to some other persons and filing case against me from Rajasthan and Haryana. What should I do.
A. Please don't give blank signed cheques to any body. Take all the defense told by you in the concerned court. Also file a criminal complaint for misuse of cheque and threatening given by him, so that he may be restrained from misusing your other cheques. If police fails to register your FIR please file case before court for registration of FIR with help of your lawyer.
Q.14 I am running a company. Company's client data is important and crucial for our the company as the same is confidential. One of our employee has shared this data to our rival company. Several clients have reported to be approached by our rival company. Our employee is denying the sharing of data. Can we take action against him? Can we terminate him from service without any counter legal action from his side.
A. Issue show cause notice to him explaining all the allegation against him. Take his written reply. And thereafter pass a reasoned/speaking order for his termination. This can minimize chances of any counter legal action by him. Also file criminal complaint/FIR against him along with proof you have for cheating, criminal breach of trust and data theft. You can also file suit/case for recovering damages from him, after accessing your loss caused due to data theft. Leaving the matter only to his termination may boost his morale and give him ammunition for claiming his innocence in court.
Q.15 I was in a live in relationship with my girlfriend for last one year. But for last one month is insisting for marriage. From the starting of this relationship we were clear that we had to focus on our carrier and therefore there was no talk about marriage, neither we had promised each other anything like this. Now she is threatening me in mild words she cannot live without me and I have used her and she will end her life. She is also saying that I have used her body and raped her soul. Can I be charged for rape when the relationship was entirely consensual. What are my legal options.
A. First try to make her remember and understand the basis on which you both have entered into this relationship, take help of your common friends if needed. If she then also fails to understand then immediately move out of the relationship. Please save all the communications made by her and any proofs which show the consensual nature of your relationship. If any Complaint or FIR is filed by her you can move court for anticipatory bail. You can also file complaint against her for false implication and threatening.
Q.16 I have married against the wishes of my family. The boy belongs to some other caste. There is threat from my family to me and my husband. We have been away from home. What should we do to protect ourselves.
A. Please send proof of your marriage to the local police station where your parents reside along-with complaint about the threats given by family, by post. Also give information/complaint to local police station where you are residing with your husband. If the threats still continue file a writ petition before High Court with help of lawyer for security of your life and liberty. Please avoid going to, or near your parents house till the matters cool down.
Q17. I am running a electric shop in Bihar. In 2020 two persons contacted me at my shop and offered to supply me electric components at cheaper price from Delhi. I agreed to the same and they personally came and sold me electric components. In August 2024 they showed me electric components in a godown through photos and asked me whether I want to purchase it cheaper rates and I said yes. They told me to send my aadhar card for transport booking. First I hesitated but I send my aadhar to them. Now Delhi police has visited my house in Bihar and pasted a notice at my house. I have come to know that they have caught for theft in godown. Can I be implicated in the case. I had never visited Delhi nor I was aware about their misdeeds. Should I appear before Delhi police. What should I do.
A. If you have contact in Delhi, please hire a lawyer so that he can go to police station and enquire about the exact facts of your case. If you directly appear before police you may be arrested and sent to Jail. After lawyer talks to police, you can file anticipatory bail application before court to save yourself from arrest. If you have no role and you have not visited Delhi it is difficult for police to implicate you in the theft case. However you have to be cautious and appear or surrender to police through court.
Q.18 I have taken a personal loan of Rs. 15,00,000 from SBI bank. Due to my retirement I am not able to to give the instalments and my ECS has been dishonoured. The bank has file two cases against me one is under Payment and Settlement Systems Act, 2007, PSSA before magistrate and another is commercial suit for recovery of entire loan amount. My instalment is around 29000 and I cannot pay such huge instalment after my retirement. Can I save my self in the abovesaid cases?
A. Your defence in the abovesaid cases is limited. You would have already signed all the documents favouring the bank while taking the loan which leaves very little room for any defence. You can only gain time by contesting the cases, but the bank interest will keep running for that period of time. You can approach the bank in mediation proceedings through court and resettle the terms and amount of instalments as per your convenience, if bank agrees.
Q. In question no.18 I want to ask if I am not able to repay the loan amount or a decree is passed against me what will happen.
A. In Payment and Settlement Systems Act, 2007 there is provision for imprisonment up to 2 years and fine for wilful default/dishonour of ECS. If decree is passed by court against you, then bank will file execution proceedings against you for attachment of your property and auction of the same for realisation of the decreed amount. If there is no property in your name then bank can ask the court to issue your arrest warrant for sending you to civil prison.
Q.19 My brother has filed a property case against me. The case was dismissed by the court after hearing both the parties. After that my brother keeps coming to my property and fights with me. After this I have received a letter from Delhi Mediation centre for my appearance there. Should I go there, can any order be passed against me in mediation centre. My brother makes false police complaints against me.
A. Mediation process is totally a process by mutual consent by both the parties and nothing can be decided there on merits or by force. You have already won the case and therefore you need not worry for mediation proceedings. May be due to your brother's complaint, mediation letter has come for amicable settlement. You can go to mediation proceedings with your lawyer and your final court order. If you are not interested in mediation or settlement then you can ask for closure of the proceedings on your behalf.
Q.20 My rent agreement is ending in November 2024. But my landlord is insisting on vacating the tenanted premises immediately. For forcing me out he had fought with me and had also called police. I need some time for vacating the premises for searching new premises. But my landlord is not agreeing for the same. Can I go to court.
A. You can remain in property till November 2024. No one can force you out from the tenanted premises without following process of law. You can approach court for stay on your forceful eviction. You may also file written police complaint with the help of your lawyer, if the landlord is unnecessary harassing you.
Q.21 My Bhabhi(widow) has filed a Domestic Violence case against me and my father. She had asked maintenance from my father and residence rights in our property. During the proceedings my father had died. Now she(Bhabhi) had filed an application for retaining her share in the property and stay in the sale of the property. Property is in the name of my wife. Can Bhabhi claim share and stay in property.
A. Your Bhabhi cannot claim property rights in Domestic Violence case. She can only claim residence rights in the shared household, wherein she had resided after marriage with her husband. She can claim share and stay on the property only in a civil suit. Your Bhabhi share in the property will depend on the type of property and documents. This can be more correctly answered by your lawyer after going through the chain of property documents.
Q.22 I have bought a fridge from a shop in my locality. After working fine for two days, it is not cooling properly. When we contacted the shop he said that we have to contact the company for repair and have refused to return the fridge. Can we file consumer complaint. Where it can be filed.
A. You are a consumer under The Consumer Protection Act,2019. The shopkeeper cannot refuse to take back the fridge as it amounts to deficiency in service and unfair trade practice. You can file a consumer complaint in District Consumer Disputes Redressal Commission falling in the district where the shop is situated. Please also make the company of the fridge a party in your complaint.
Q.23 I was working as sales executive in a shoe showroom in Delhi. My wife is pregnant and therefore to take her to hospital I have to some times take leave in showroom. Recently I fell ill and sought leave for three days. But instead of giving leave my manager had terminated my service and send termination letter on my WhatsApp. I have talked to my manager that I was seeking leave for genuine reason and can produce the medical documents, but she had refused to take back my termination. What are my legal options.
A. You can send a legal notice through your lawyer to the shoe company demanding your wages and reinstatement in the job. If the shoe company fails to respond to your demands, you can file complaint before Labour Commissioner against your illegal termination. If matter is not settled there, you can file case before labour court for compensation, reinstatement in the job and future and back wages.
Q.24 I am a married man and electrician by profession. One year back I had entered into a relationship with a women due to her constant insistence. But after some time I realised my mistake and moved out of the relationship. Nowadays I am receiving calls from different unknown numbers wherein the caller asks my name and starts abusing me. Sometimes caller says he knows what I am doing. Some times caller says he is speaking from crime branch and abuses me and then disconnects. I am being tortured like this for last one month. I tried to approach the local police but they said I should not pick unknown numbers. Since my number is old and I get work on Mobile I cannot avoid picking up calls. I have doubt on the lady with whom I was in a relationship. What should I do get rid of all of this.
A. You should file written complaint to the the local police. If the police refuses to take your complaint please take help of a lawyer. In these days every State has cyber crime cell/police station in the district. Please forward/file your complaint to cyber cell also. If you are not sure about the woman involvement in all this, please avoid giving her name, as police will find out the truth during investigation. If after filing of the complaints the police fails to take any action then file a case for registration of FIR before Judicial Magistrate. Please do not share any crucial data / bank detail with any body on phone. Cyber criminals may be stalking you to irritate you and get vital information. Please avoid clicking on any unverified link or website.
Q.25 I have been married for 7 years. I have a child of 5 years from the marriage. One month ago my wife picked up fight with me and had left my house and is now residing with her in-laws. She had also taken my child with her. I had made efforts to bring her back but she had even refused to meet me. She is also not allowing me to meet my child. Can I seek custody of my child from her.
A. Yes you can seek custody of your child from your wife through guardianship court. Guardianship court considers various factors while granting custody rights to one party and visitation rights to other party. However welfare of the child is paramount while granting custody rights to one of the parents. You may seek visitation rights for meeting the child, till your guardianship petition is finally decided.
Before going for any court proceedings please make efforts for making amicable settlement of your disputes through common friends and relatives. Child needs love, affection, care and protection of both the parents. Parting ways of parents on trivial issues may have devastating effect on the emotions and over all development of child.
Q.26 I am a senior citizen and had done a fixed deposit of Rs. 75 Lakhs with bank at interest rate of 8.50%. The fixed deposit had matured on 23.12.2023. I was out of station at that time. Bank without asking me had done fixed deposit of my amount at lower rate of interest @ 7.75%. Bank had also not issued new receipt for the new FD and had only handwritten on the back of my old FD. After I had protested for doing FD at lower rate of interest without my consent and non issue of new receipt of new FD, the bank had transferred Rs 75 lakhs in my saving account without any interest on 27.02.2024. I had written letter to the bank and RBI for payment of interest but till date nothing had happened. What should I do to get my interest.
A. You should send a legal notice to the bank through your advocate demanding your interest for the period of 23.12.2023 to 27.02.2024 on Rs. 75 lakhs. If the bank does not give the interest even after legal notice then you should file consumer complaint in consumer commission in the district where your bank is situated. Bank had done unfair trade practice in your case and their is clear deficiency of service. Bank should have immediately contacted you, after your FD had matured and sought your instructions for future course of action. Bank is liable for compensation and had also to pay interest on your due interest.
Q.27 I am doing business of chemicals. I had supplied chemicals to one party amounting to Rs 5 lakhs in different phases. The party had made a payment of Rs 1.5 lakhs to me and is now deliberately seeking time for making payment of the rest of the amount. It has been six months the party has not made any payment. How can I get my balance payment.
A. You should first sent a legal notice to the the party for making payment of the balance payment within a time limit. If the party does not make payment of the balance amount even after that, you can file a commercial suit for recovery claiming the balance amount and interest on the balance amount along with legal expenses. You should file all the bill issued to the party along with details of part payment made by the party.
Q.28 I am resident of Delhi and have won a case of recovery of Rs.5 lacs from the opposite party. The opposite party is located and doing business in Jaipur. My lawyer told me that I have to go to Jaipur to recover my money. Can I recover my money in Delhi.
A. If your opposite party has no assets within the jurisdiction of Delhi, then you have to file execution proceedings in Jaipur by seeking transfer decree from Delhi court. If opposite party fails to make payment after decree is passed, then his assets have to be attached and auctioned to recover your money, which only local court and do. That is why you have to go to Jaipur for execution of decree.
Q.29 I was having dispute with my wife. Now we have settled our disputes and have decided to part our ways and take divorce. Can we separate our ways through divorce deed as it easy less expensive and less time taking. Is divorce deed equal to court divorce.
A. Divorce deed is only a type of mutual agreement between you and you wife, whose terms and conditions can be enforced in court, but it is not a divorce under law. If any of you or both of you decide to remarry, it cannot be done without a valid divorce from court. I will advise you to take divorce from court on mutual consent which is easy and very less time taking. Government also, does not recognize divorce deed for any schemes or rules.
Q.30 I was married in year 2008 . I had three children from the marriage. My wife had left the house without telling anything to any one. I had made a missing report with the police. After 8 days police traced my wife and she returned to the house. But again she had left the house and had gone to some unknown place. She is cheating on me, and is under influence of a man who was residing near our house. When I have approached police, they are saying that once they have searched her and they cannot do it again and again. My children are small aged 15,13 and10 years and I am struggling to take care of them and my job. I want action against the man. And wife to come back and at least take care of children. What should I do, to bring her back.
A. You should file written complaint with the police station about missing of your wife. If you know where your wife is residing you can file petition in family court for joining your company. Since offence of adultery has been abolished in new criminal law, therefore action against the man is difficult. It is very sad that matrimonial laws in India does not answer most of the problems and issues arising in today's times.
Q.31 I am owner of a flat which has been given on rent to a family for Rs. XX,XXX/-. I am also having a rent agreement but the same has expired two months ago. The tenant is not giving the rent on time. I have asked the tenant to vacate my flat but he is not listening. Will expiry of rent agreement help him. What should I do.
A. You shall give a written notice to your tenant for vacating the premises. Expiry of rent agreement will not have any effect against you, as after expiry of rent agreement, it turns into month to month basis tenancy. If the tenant does not respond to your notice than you can seek his ouster by filling case against him for vacating the premises as well as for damages and legal expenses.
Q.32 My brother who is deceased now, was residing on the ground floor of the property. He had a daughter who is married. In his last time me and my family looked after him. During his lifetime my brother has given will in my favour of the ground floor. After my brother's death, his daughter has come to the property and created a scene there and has also tried to take forceful possession of ground floor. She had made a police complaint. police is now threatening me to vacate the ground floor. What should I do.
A. Police cannot force you to vacate the ground floor as police has no right to do so. Rights regarding any immovable property can only be decided in civil proceedings before civil court as held by Hon'ble Supreme Court. If police is threating you regarding property please make complaint to higher police officers. Start making video if police threatens you. You are also having will of your brother which shall help you in any proceedings.
Q. In Q.32 I want to ask, can my niece file case against me in court even I am having will of my brother in my favour.
A. Yes she can file case against you in court for the ground floor as she is the legal heir of her father. Filing of case is legal right of every person it cannot be barred. You shall defend the case if filed against you. Will of your brother in your favour shall make your case stronger in your favour.
Q.33 I have received notice from mediation centre. As one party has supplied goods which were of not good quality. I ask them to take it back. But they have been insisting on payment. Should I go for mediation. Do I require lawyer for mediation proceedings.
A. The opposite party is planning to file a commercial suit against you. And you have received pre suit institution mediation notice which is mandatory under Commercial Courts Act. Going for mediation is your choice. You can also directly talk to the party for any amicable settlement. Mediation proceedings require only your opinion and consent. But if your pocket allows you, you can hire a lawyer for better understanding of the proceedings and future preparation, if the case is not settled.
Q.34 I have taken a shop on rent. I am running a grocery store in the shop. Initially rent was fixed as 15 thousand and I have also given a security amount of Rs. 4 lakh to the owner of the property. Landlord also got signed rent agreement from me but has not given copy of the same. Now the landlord wants to increase the rent seeing growth of my shop and has asked to vacate the shop is I do not increase the rent. What should I do.
A. Please ask for the copy of the rent agreement from the landlord and carefully read the terms and conditions of the rent/ lease agreement. See how far rent can be increased in the rent agreement. Also confirm that your security agreement of Rs. 4 lakh is mentioned in the rent agreement. If the landlord does not give the copy of rent agreement, do not increase the rent and file a case of stay in court against forceful dispossession if required.
In future transactions always take copy of rent agreement and read its terms and conditions as it is your legal right. Enter into lease agreement of longer periods like 5 or more years for running a shop as it helps establish your business without worry of vacating the premises in short period.
Q.35 My maid was working for me for many years and she requested for signing a paper for getting a battery rikshaw for her husband. As she was nice to us, I signed the papers of finance for getting the battery rikshaw. Now after three years I have received notice from court for case filed by finance company of battery rikshaw. Have I to pay the rikshaw amount, as my maid had not paid the amount and defaulted on payment.
A. If your maid is available and traceable she has to pay the loan amount. But if she refuses to pay the loan amount or is not traceable by finance company, then you have to pay the loan amount. If the paper you have signed is a guarantee then you have pay if your maid has refused to pay, and it does not matter whether your maid is available or not. But you can issue legal notice to your maid to pay the loan amount or any loss caused to you, as you are not the beneficiary of the loan or battery rikshaw. You can approach the finance company and resolve the matter in mediation centre of court.
Q.36 I had purchased a flat from a builder in which stilt car parking was given. However when we have shifted in the flat we have found that builder is raising construction of shop in the parking area. When i have objected to the construction of shop builder had said that shop is not taking away my parking space. but the shop will restrict movement of vehicle. Can I go to court for stay on construction of shop.
A. You should see the site plan of the building, whether shop is mentioned in it or not. If the shop is not in the site plan then it is illegal and planned by builder for increasing his profit illegally. You can file court case for stay of construction, and removal of shop from parking.
Q.37 There is encroachment on our road which causes traffic jams. complaints to authorities have failed. Can we move court for removal of the encroachments.
A. Yes you can move to court after giving notice to the government authorities responsible for removal of encroachment. If you are directly effected by the encroachments, you can file a civil suit in district court. Otherwise you can approach the High Court by filing writ petition against encroachment.
Q.38 I am 20 years old and in love with a girl who is 16 years old. We love each other very much and want to marry. Can we perform court marriage or marriage in mandir.
A. The girl in your case is a minor. Any type of relationship with a minor may land you in serious trouble. Please note that provisions of Protection of Children from Sexual Offences (POCSO) Act are very stringent and harsh. You should part your ways with the girl without hurting her feelings or wait at least for 2-3 years for her getting major. Any physical relationship with the girl may land you in jail on the complaint of the girl or her parents. You are young and should focus on your studies and carrier or earning money. Marriage with a minor is illegal.
Q.39 I have taken a contract for fitting of AC in a office from main contractor and performed the act. But after the job has been done the main contractor has not paid the full amount of the agreed amount and is saying that since the company which has given the contract has not fully paid for the work therefore they have deducted the amount from my payment. What should I do to get my full money of contract.
A. You should first send a legal notice to both the main contractor and the company which has assigned the work to main contractor. If they reply, then at least you will be having a written reason for not making full payment. If the matter is not resolved on legal notice, then you can file commercial suit for recovery of the rest of the amount against the main contractor and the company for recovery of your dues.
Q.40 My husband had died leaving behind a Fixed deposit of Rs.30 lakhs but without leaving any nominee in the said FD. Bank has refused to release the same in my name and are asking for court order. Where I can get court order.
A. You should first approach any senior officer of the Bank and ask them to release the FD in your name as you are the wife of the deceased FD holder. If they still refuse to release the FD then you can approach the local district court for letter of administration for release of the FD. You can get written instructions of bank, so that you know, what exactly they want for the release of FD.
Q.41 I have purchased a flat from the builder. At the time of purchase my Flat no was D4 but electricity connection has been installed for flat no D6, whereas there is no flat no. D6 in the building. I have contacted the tata power for correction in the record and on the bill but Tata power has refused to correct the same and had denied my online request. What can be done in these circumstances.
A. You should make personal visit to the customer care centre of the power supplier company with all the documents to show your point of view. If they fail to do the needful you can escalate your grievance to next level of their complaint system. You can also file consumer complaint case against power distributor before consumer commission of local jurisdiction with the help of your lawyer.