Advocate Arpit Jain

Questions Answered by Advocate Arpit Jain

Q: refund of payment in termss of security deposit

I reside in a company provided leased accommodation. The landlord had taken one month advance and two months security deposit @ Rs.28000/- p.m at the time of giving the rent. As this was non payable from my company I had to pay total Rs.84000/- on account of the above from my own pocket. I just want to know whether the advance amount of Rs.28000/- is refundable or not along with the security deposit at the time of vacation.

Advocate Arpit Jain answered
Dear, Of course the security deposit is refundable. You have all the right to get it back. But from your question, it is unclear whether 28,000 is advanced payment or security deposit. And why you paid 84,000??Regards Arpit Jain Advocate

Q: Procedure of the mutual divorce

 My brother and sister-in-law filed for a mutual divorce in Feb'17. After the papers were filed, my sister-in-law has not appeared before the court for any date. She gives some or the other excuse but my brother goes to every date and the advocate takes his fees from him for every date Now the advocate says that if she is not coming, we cannot do anything and this application will be considered null and void! This is so unfair, how are the laws so bent towards the female - this I am saying being a girl. I see my brother leave his work and everything and go for all dates to proceed further on the petition and now he is told that it will not be considered at all if she hasn't appeared. Is that the case? Is the advocate taking us for a ride? Can you help and guide me please. What should be our next steps? Thanks!

Advocate Arpit Jain answered
Dear, In case of mutual divorce if either of the parties are not appearing, no one can do anything. But, yes it is advisable to withdraw the case of mutual divorce and file one sided divorce case. So that if your sister in law doesn't appear in that, your brother will get an exparte divorce. Regards Arpit Jain Advocate

Q: want divorce and need legal custody of daughter

we are separated from last 1.4 yrs., never met, but sending few amount on his bank account for her usage. have daughter of 3 yrs. reason is - she and her family started blamed wrongly on most of the issues, she treated my parents very badly, tried to ran out from from but i did not allow and called police and her family also is uneducated people and create nuisance one night due to which we called police and informed at police that will not taker her home back, since then she did not turned. If i want to take her back, can is there any legal process, where i can take something in legal, that she has done wrong in past and will not do in future to make her little fear so that she and her family will not do anything wrong with me and my family. we married for 6 yrs. if not how can i take the custody of my child permanently.

Advocate Arpit Jain answered
Dear, You have a right to file a suit for seeking custody of your child. And you can also file a suit, asking your wife to join you in your house. For child's custody, specifically female child you need to have a very strong reason, where you have to prove that you are a better parent than her mother for her. Regards, Arpit Jain Advocate

Q: Annulment of non-consummated marriage if whereabouts of wife unknown

Dear Lawyers, What law says on Annulment of non-consummated marriage if whereabouts of wife is now known to husband after 6 years marriage ceremony. Wife cheated saying that she is living with her family, but she was doing job and living in a nearby hostel in other city. She appeared once separated husband filed divorce case under sec 13(i). She claimed maintenance under sec 125, by concealing her job. Just got to know that she is perusing job , just after marriage ceremony. Does it comes under fraud, in which I can claim Annulment of this non-consummated marriage.

Advocate Arpit Jain answered
Dear, It is very difficult to prove that the marriage is non consummated. However, for rest of the issues, it needs to be discussed further in details with sufficient proves. Regards Arpit Jain Advocate

Q: Child custody of 2 year old, if court case is pending

Will child of2yr.b gvn a chanc or rite to select physical custody @9year of age,or only@18?cn audio recording in mobile b used as proof in court,dat fathr n his family cant take gud care of child?cn v study sections relating to child custody on internet?which law section relates to it?

Advocate Arpit Jain answered
Dear, As per the ethics and laws, a child is to be bought and raised by a mother till the child attains the age of majority i.e. 18 years. However, you may approach the Hon'ble courts in case you have appropriate and sufficient proofs that the mother is incapable or unsuitable for raising her children. The child has a right to decide with whom they want to live with after they turn 18,not before that. Regards Arpit Jain Advocate