Advocate Nitesh Mehra

Questions Answered by Advocate Nitesh Mehra

Q: False FIR U/S 354A and 509 against my father by a girl in his ofice

She has NO PROOF against him but SOME people in his office r suporting that girl bcoz (Jealous). Police constantly harasing my father( bad language ).Also girl trapd a manager inducing him to do intimate act (touching), she recordd that. But my father(frnd of manager) not involved in this What should we do to get preventive bail? Will he definitely get a bail? Should we file an FIR with police against wrong FIR? How can my father prove innocence?how suspension from ofic prevent?How should we avoid being cald by police again & again? How can he file case against that girl to get her jailed?

Advocate Nitesh Mehra answered
Dear Client first you need to tell us of which place the case relates from Delhi or outside. If you really think that the FIR is lodged against your father also without there being any sufficient proof of him being involved in the matter.You have the remedy to approach High Court under section 482 crpc for quashing the FIR in merits, for which your father need to provide the strong proof and evidences which could show that he has been falsely implicated in the present case.

Q: Builder charged interest on due payment how to get it back

I have taken one builder from from BPTP in Faridabad Floor was booked in 2009 and possession was handed over in dec 2015. I paid 25% amount and they promised us to provide bank loan for remaining amount but whoch was not sanctioned now they have charged me interest on due payment. where they clearly mantioned on letter that they will not charge any interest. I got flat registered but now I want my panelty due amount from the builder but they are refusing what to do

Advocate Nitesh Mehra answered
Dear client, you have two tier recourse for you in the present mstter. I have done several matters of this type. First you can have a civil remedy to approach the consumer court for your redressal depending upon your amount the jurisdiction of the court will be decided. If you want the second recourse for your goodself is to file a police complaint for cheating and breach of trust and if the police does not take any action against the builder you can have file a complaint under section 156 (3) crpc before the court concern to redress your grevance.

Q: Residential building used for commercial purpose

The owner of the second floor of my building is running e commerce business in his floor and there used to be a great hustle & bustle of courier cars and courier people, which is really disturbing me and is also not safe for my family as there are many unseen faces on daily basis . Is it legal to run such kind of activity in a residential building, what actions can i take ?

Advocate Nitesh Mehra answered
You can file a complaint before Municipal Corporation and if they do Not stop it u can always file a civil suit for injunction. And can get a stay in the meanwhile..Further, if the MCD does.not act on your complaint then even u .can file a writ petition but it is always advisable to exhaust the available remedy before going to the high court in writ petition.

Q: Wife's parents forcing her to give divorce what can I do

meri wife apne maike me hai. wo family ke bhakawe mw aakr mujhese devorce krna chaahti hai so help me

Advocate Nitesh Mehra answered
If your in-laws not letting you to talk to your wife, the first legal remedy available with you is to file a Section 9, Petition for restitution of conjugal rights, Since you have not provided the other details, no other suggestion can be sent to you at this stage. Section 9, provides a platform to bring both of you together ni the presence of the court and always a bonafide step from the husband side, to settle down the issues as the Court looks at from the soft corner.Thanx and regards Nitesh Mehra Advocate