Advocate Meenakshi Aggarwal

Questions Answered by Advocate Meenakshi Aggarwal

Q: Child Custody Right before applying for a Divorce

Hello , I am mother of 2 year old child. Me and my husband having issues since the time we got married in 2016 which seems not resolvable . Before to file for a divorce I had to live separately from my husband for an year , in this case is it legal if I can take my child along with me with or without my husband consent before I file for a divorce Please help .

Advocate Meenakshi Aggarwal answered
Yes you can take the child with you. as the child is only 2 years old and need mother . there is no problem if you take the child with you. if you have any issue you can contact me further.court also allow child to be with his or her mother till the age of 6 in normal conditions. you can also claim maintainace from your husband in that span of 1 year for your child and yourself

Q: Issues in new marriage and many conflicts arising due to some lies

This question is on my friend behalf. (Sikh religion)I got married on 21st March 2021, my wife stayed over my place for a month i.e till 26th April.From 26th April till date she is at her parents house.She lied about her exact age, height etc, Due to these reasons some conflicts happened just after marriage and there is no physical relationship between us till date.Neither she is coming back from her parents home on her own as she is staying there from last 2 months nor I am going to take her back.So my query is, In legal terms, Will I be in any trouble if I am not going personally to take her back. Can she put any allegations on me as its a new marriage and due to those conflicts I am not talking to her and we had many fights over call and messages.

Advocate Meenakshi Aggarwal answered
yes , she might get you in trouble as she can file a dowery case against you. she lives with you for a months and hence she can file the case saying you torture her for bringing dowry and due to this she leaves you and now not living with you

Q: conspirecy ,fraud and cruelty for property

Parents died before2005,without will.wehave4brosand onesis.sisyoungest and one bro was unmarried at that time.owbrostill unmarried and sis forcfully divorcee and lived in thefathers self earned house.bt other borosfamly and unmarriedbro is not inerested to give sis her share and live sepratelly.they harras and beaten her.resently.one of fathers plot.of dda is transfer in his.ame by that bro..without taken noc from sis and thraten if u complain against this u will be thrown out of this house. .house is still un divided and in the name of father.that bro is an advocate. An very selfish and crook...my quary is ....kya mera.hk bnta hai property mai ..i think yes....and or kya krna hoga Mau knki kaid se baher aa saans le paun

Advocate Meenakshi Aggarwal answered
yes you have the share in father's property. you can file the case in the court for partition and make all your brothers nd sister party in the case. so that court can divide the property equally among all. any one can file the case in court for partition. either they will give you share in cash or share of property.

Q: Can I file extortion case if wife asks more money, after Ist motion co

I got married in 2013 & in Feb 2015 my wife left home after being pregnant and there were issues. In July 2019 we filed a divorce by mutual consent. As per terms & conditions, the complete settlement was made in 25.5 lakh, out of which Ist 5 lakh was paid at the time of settlement, 10.5 on Ist motion & ist motion was completed. remaining 10 lakh was to be paid as FD as per petition but there was some issue that was pointed by a judge in settlement document which leads to the removal of the FD clause from the Settlement paper, joint statement & from judgement of Ist motion. we were in good talking terms & she took advantage of the situation & asked me remaining amount to be sent to her in good faith & she will get the FD done. we will do the second motion. There are SMS communication acknowleding money & confirmed to get the FD done and give it. After few days she refused to come for 2nd motion and asking to get another FD for B2. can i file extortion fir and also get divorce from her.

Advocate Meenakshi Aggarwal answered
first of all it is not clear from your question if you give her the remaining amount before 2nd motion or not. if you have not given the amount then do not do Nything just appear on the date of 2nd motion give the amount anf take divorce. if you have given the amount then its a problem. you have to keep all the evidences with you . i will advise do not file further cases and complicate yourself just pay the amount on your court date and take divorce.

Q: My friend file a case against me under section 138

Dear sir my friend gave me some friendly loan for my buissness purpose for six month and taking my 2 chq against the security but the given i m not able to pay him all amount i'll pay some amount now he will file a case against me and i want some more time to return his money back now what should i do plz suggest me.

Advocate Meenakshi Aggarwal answered
In case you are ready to pay and want to settle the case you need not to worry. The court will also assist you in settling the matter . You just need to inform the court that you are ready for settlement. As you need time to pay the amount for this inform the court that you need time and pay on the specific date fixed also if you wish you can pay in installment