Advocate Amit Kumar

Questions Answered by Advocate Amit Kumar

Q: Procedure to file mutual divorce without court invovlement

In coming feb 2018 we will complete 2 years of marriage.. my marriage is not registered anywhere we both wants divorce mutually.. what are the procedure we want to setlle this divorce on any stamp.paper without court involvement bcoz we want it asap.. we both are hindu... what are the procedure

Advocate Amit Kumar answered
It can not be done on any stamp paper or without Court's involvement. Both of you need to file a joint petition for divorce before the court and it takes 6 months for a divorce decree to be passed by the court. This 6 Months period can also be waived off by the court on it's discretion depending on the circumstances.

Q: Can husband seek divorce due to concealed Neurofibromatosis

The couple got married in 2006(arranged marriage).The boy noticed skin anomalies and was told that its just freckles. After the wedding, several pea-sized tumors were discovered all over the girl's body. A doctor informed the boy that she is suffering from NEUROFIBROMATOSIS. Unable to enjoy physical togetherness. the couple went for IUI treatment and a daughter was born in 2009. The disease has progressively increased and the medical expenses are very heavy. The husband wishes to amicably end the marriage but the wife and in-laws are threatening to defame the boy etc and refusing a divorce. 1. If the wife refuses a mutual divorce, can a court grant the man a DIV if he files ? 2. How much Alimony/Child Support will he have to pay if he wants a one-time-settlement (eg. 50% of net worth) 3. How long can this DIV case drag if the wife refuses Divorce by Mutual Consent ? Note - Hindu Couple,Husband supports widowed Mother-in-law financially,Wife is non-earning, 1 daughter,

Advocate Amit Kumar answered
Husband can seek divorce on the ground of concealment of material facts regarding the health of the wife. Regarding the alimony it's for the parties how strongly they bargain about the same. The court at the time of decision of the case can grant alimony on the basis of income and net worth of the husband. Of course the husband has to spare a share for the child and the court will order according to the standard of living and after considering various factors like dependents, expenses, income, status etc.

Q: Friend paid through cheque which was invalid, how to recover money

I have given 5 lakh rupees to my. Frnd by rtgs in august mnth for 3 mnth now that time he gave me a cheq.i have submit it to my bank . But there is show stop payment . Is there any way to get my rupees.

Advocate Amit Kumar answered
HiYou must immediately send a legal notice under section 138 of negotiable Instruments act with in one month from the date of return of cheque and proceed to file a criminal Complaint if he doesn't pay within 15 days of receiving the legal notice.

Q: Possession delayed for 7 years, please advise what can be done

I have been allotted a plot in sector 57 Gurgaon. As per allotment letter we should have been given possession in 2010. Till date we have not received dues besides paying entire amount with demanded enhancements. Please update

Advocate Amit Kumar answered
You may file a complaint before the district Consumer Disputes Redressal Forum, Gurgaon and claim for possession as well as compensation from HUDA. Before that you should send HUDA a legal notice for the same and take future course of action based on the response from HUDA.

Q: Builder is not giving money after cancellation, what can be done

I made a booking in Raheja Krishna Housing scehme 2014, which is affordable housing as per haryana affordable housing policy 2013, as per cancellation policy builder will deduct Rs. 25000/- and refund back the remaining money . . i cancelled my booking, 2 months ago i.e on November 2016, but since today, i didn't receive any money, as per their latest mail reply they said , "we will close this with in minimum possible time". so i need to know what step should i take , so that i get my refund as early possible... should i sent a legal notice or a file an FIR with a local police station, Please enlight me Thanks

Advocate Amit Kumar answered
You may take a Chance by sending them a legal notice. If despite that they do not refund the money, then you can file a complaint before the consumer Court or file an FIR against the builder since govt is acting tough against the builder.