Advocate Dhawal Bhandari

Questions Answered by Advocate Dhawal Bhandari

Q: I was always an independent girl earning my living, at times I have helped my father settle up. I ha

I was always an independent girl earning my living, at times I have helped my father settle up. I had taken multiple loans in order to keep my family secure. I got married to a guy I loved. he knew that I helped my family, and he said he will not never stop me from doing it . a year back things went south for my father financially. the emi that he was taking caring of , he could not . he asked my husband to help. my husband til date has helped with some 5-6 lacs to my father . in return, he insulted me multiple times privately and had called my father too accusing him . yes I could never give him money but I always bus a good daughter in law, played my part whenever it was required. I did evrything just didn't give my husband any money . because I could not, even my husband knew it. he did not spare a single moment to haunt me with that, blame me and my father, shout, scream at me , even called me and my father cheaters. I want out of this marriage because I can't live in this toxicity

Advocate Dhawal Bhandari answered
If you are planning to file for divorce, you can do so under Section 13 of the Hindu Marriage Act, 1955, or the relevant personal law applicable to your religion. You can file for divorce on the grounds of cruelty, which includes mental cruelty. The definition of mental cruelty can vary depending on the case and the circumstances

Q: I took a loan from a company of 205000 for 36 months in 2019 and paid for 14 months after that I did

I took a loan from a company of 205000 for 36 months in 2019 and paid for 14 months after that I didn't pay. In Jan 2021 company sent me some documents where they restructed my personal loan and asked me to pay 10449 for another 25 months . When asked they sent me restructing request and emi schedule that was signed by me on 31.12.2020 however i never signed anything like that. I sent them an email about this fraud but they didn't entertain. I have not signed any documents for the same on 31.12.2020.I have filed a complaint with Police station. Wanted to know can I file a case in consumer forum if yes what should I pray for in that case ?

Advocate Dhawal Bhandari answered
in consumer court you cannot ask for any relief against fraud. only deficiency of service on unfair trade practice. better file complaint in police if you are alleging fraud. hope you satisfied with the answer

Q: Maintenance to wife divorced on grounds of cruelty by her towards the

Is a wife divorced on grounds of cruelty by her towards the husband entitled to maintenance? Husband granted divorce by Family Court and re-married after expiry of limitation period of appeal

Advocate Dhawal Bhandari answered
Even after divorce, the wife would be entitled to claim maintenance from her ex-husband as long as she remains unmarried or is unable to maintain herself. Provisions for maintenance as well as interim maintenance have been provided under section 125 of the Code of Criminal Procedure.

Q: Nominal Charges to move application of Section 21B

Can any one suggest me the best advocate that can successfully move section 21B application in High Court .Its a single day order what are charges. My wife filed DV and 125 which are running from last 3years nothing happen.I filed Divorce last year but got stayed through supreme court and later transfered to my wife city and got clubbed with 125 .I want to expedite all three case.

Advocate Dhawal Bhandari answered
sir we can help you for same but its not single day order as you mentioned. you have been given wrong information. first you file. then it will be listed. then notice. then other party appear and then aruments date and then arguments. so basically its 3 to 4 hearings. hope it make everything clear.

Q: Bail of seized car under section 21b/61/85

Can we get bail of car which is seized under section 21b/61/85? If yes then what are steps to follow ?

Advocate Dhawal Bhandari answered
vehicle can be released on Superdari. Superdari is handing over custody of something to a person till next orders. By way of this bond, the person receiving the vehicle gives an undertaking on his behalf or on behalf of the person who has authorised him , to produce the vehicle before the police or Court, as and when so required.