Advocate Mareesh Pravir Sahay

Questions Answered by Advocate Mareesh Pravir Sahay

Q: Marriage my cousin how can I take divorce

I am a hindu srivastava boy. My mother is mishra brahmin. Against my family I married my maternal uncle's daughter in april 2011. Since the day of my marriage i have never been with her and we never spoke. As per hindu law our marriage is illegal. But still how can i file divorce or be legally safe and move on in my life. We married in arya samaj mandir and our marriage is not registered in court.

Advocate Mareesh Pravir Sahay answered
Divorce can happen as early as six months. If mutual consent petition is filed that is if both parties agree on all terms and conditions. Other factors like non registration can be dealt with. You may contact for consultations in person.

Q: How can I transfer case from one state to another state

My son in law applied for divorce when she was visiting us in India without her knowing, also got her visa canceled. He asked her further to settle divorce by mutual consent ,which was not agreed by us.we filed a petition I supreme Court to transfer the case from Madras high Court to Delhi. But so far he has not appeared in hearing in supreme Court and also not communicating My question here is:what shd be our next move and do we have claim for any compensation?. My daughter right now is working in Bangalore

Advocate Mareesh Pravir Sahay answered
Process to transfer is through SC only for any civil or criminal case from one state to another. However in your case a petition for transfer is already pending, if one party is not responding or replying or appearing, you ought to press before court to proceed ex parte. If you daughter is in Bangalore matter may be sought to be transferred there also. Compensation would not be before SC but before concerned district or family court. But considering cases being pending , I would like to see all files, order sheets, proceedings so far before offering any conclusive advice or opinion.

Q: Husband left me and my son how can I file for maintenance

Meri shadi Kolkata k ek family me hui aur mere husband aur in -laws ne dahej ki demand ki joki hame Dena para ab meri shadi ko 5 years se jyada ho gaya in beech bohut problems aae phir mai Delhi apne parents k pass rehne lagi aur mera husband v mere saath aagaya tha aur Delhi me hi kaam kar rahatha par achanak woh mujhe bataye bina Kolkata chala gaya mera ek 16 months ka ladka bhi h par mere husband aajtak usse milne v nahi aaya aur ab mujhe us par bharosa nahi raha ki mai uske saath rahu mujhe mera aur mere bache ka kharcha chahiye kyuki mai financially stable nahi hu please bataiye mai kya k

Advocate Mareesh Pravir Sahay answered
Divorce petition under HMA along with petition for maintenance under CrPC and alimony including child support, stridhan return, guardianship and custody of the child under HMA will have to filed. Domestic violence under DV act and CrPC, under DP act may also be filed, if so be the case.

Q: How much time it takes to obtain divorce

How much time it takes to obtain a divorce

Advocate Mareesh Pravir Sahay answered
If both husband and wife are agreeable on terms and conditions such as alimony, maintenance, child custody, guardianship, child support, Stridhan (if all these are applicable to your case), then mutual consent divorce can be filed which will take not beyond 6 months. If there is dispute qua limony, maintenance, child custody, guardianship, child support, Stridhan etc. then there is no time limit as trials would have to proceed for adjudication.

Q: Delayed delivery and illegal possession of apartment by builder

I booked a flat in BPTP Park Floor - 2, Faridabad in 2008, delivery was to be done in 2011. The delivery was done in 2011. In 2013 BPTP said I can take "Possesion for Fitout", although it was not mentioned in Buyer - Builder agreement. So I paid all installments. Later I learned BPTP has not Occupation Certificate (OC) for the project, but was still trying to to give possession. I have refused to take possession without OC and the builder is insisting that they are not at fault. They are neither paying the fine for delayed delivery nor giving clear answer about OC. What to do?

Advocate Mareesh Pravir Sahay answered
You may file consumer complaint before comoetent consumer forum of jurisdiction. There possession, compensation, interest, costs and expenses can be claimed. In addition complaint before concerned authority qua offering possession without OC and such other NOCs and clearances. If authority fails to act, then writ petition before concerned HC. If arbitration clause is there in agreement then arbitration claim may be filed. But consumer proceedings can always be filed in addition.