Advocate J S Yadav

Questions Answered by Advocate J S Yadav

Q: How to claim maintenance and ancestral property from father

My father is in BSF at Head Constable post. He left me and my mother in 2000 after 8 years of marriage. My grandfather died last year. I live in haryana with my maternal grandparents alongwith my mother. My grandmother, chacha and buaa(both married) live in Ahmedabad. My grandfather had property for sure(both ancestoral and self attained) but I doubt he had transferred it into the name of my grandmother or my chacha, to not let me get any single penny. Neither my mom nor I do any job. I am 20 year old wanted to do b.tech and in dire need of money. So can i claim any right to property from my geandmother or chacha? And also can i or my mother claim any property from my father's self acquired property now? Can i or my mother claim any maintenance from my father(salary about 30k/monthfor my studies? My mother already get a maintenance of 8k/month. My parents have also not divorced yet neither me and my mom wanted so.

Advocate J S Yadav answered
you can claim maintenance from your father as well for your mother in 125 crpc , you ask your mother to get maintenance from resources from ancestral property in hand of your grandmother ,by filling maintenance in Hindu marriage act. as far as your father self acquired and ancestral property is concerned you get declaration from competent court.

Q: Have 2 sons how can I file for divorce from my wife

सर मेरे 2 लड़के ह और मैं तलाक लेना चाहता हूँ इसके लिए क्या करना पड़ेगा ?

Advocate J S Yadav answered
as you have not mentioned any thing why you want divorce, it will not be easy to give any advice. still for divorce you have to plead some reason in your petition. some of reasons are cruelty, temperamental behavior, separation for more than one year, change of religion, etc.it will be more beneficial if you elaborate your grounds .

Q: Criminal & Civil Defamation Suit for person ridiculing the military

Hi, My father is a retired army officer. Recently in our Community Whatsapp group, one of the members without any direct provocation posted the following statements ridiculing the Military Rank of my Father which he achieved after serving the Indian Army for over 4 decades . My question is:- 1) From the statements mentioned below( We have Whats images of these statements), if we proceed with criminal defamation under relevant sections of IPC, what are the chances of securing a conviction?? 2. What are chances of success in case of a Civil Defamation Case?? Statements Made by the Opposite Party:- "He is a resident not a Col. Army rules dont work in Heritage zone :). What is this ridiculous thing Col Yadav." Thanks

Advocate J S Yadav answered
As defemation case is prescribed in Indian penal code in section 499 and punishment in section 500 of IPC.as these wattsup post are circulated in society and it damaged the reputation of individual in society at large.there is punishment for simple imprison for 1 year. Complaints can be filed before magistrate.

Q: Mutual consent divorce due to domestic violence

Hi sir,i married on 10 dec 2016. my husband is psychic. He mentally tortured me a lot if i had bf before marriage and beated me on 31 may 2017 with blaming me that i had physical relationship with a guy before marriage. now he wants divorce. i made him understand a lot that he is blaming me wrong. i talked with that boy on phone after marriage for consultation of my studies n career. My husband is blaming that i talked wrongly. i never meet that guy after marriage. only talked for some consultation and settlement over phone. can my husband file divorce with this reason? now we are living separately from 2 months, and will complete 1 year of our marriage on 10 dec 2017.

Advocate J S Yadav answered
As per provision of Hindu law there must be one year separation between parties.in extreme circumstances which has to satisfy the court than this limitation can be relexed. Yes your husband can file divorce petition on ground of crulity and adulteration.

Q: Remedy for dismissal of consumer case for non appearance in court

My case is dismissed in district consumer forum for not appearing once on a given date. Is there any provision in the CPA to file the same case again in the same forum ? If yes, than is it a better option or appealing in the state forum is the better option ?

Advocate J S Yadav answered
You can move an application for set-aside this order to dcdrf mentioning reasons for your non appearance along with evidentry proof I like your illness .death,marriage roadblocks, strike etc.if DCDRF turn down your application than appeal to state forum.