Advocate Nitin Agarwal

Questions Answered by Advocate Nitin Agarwal

Q: How to claim custody of child without getting a divorce

We are hindu and have been married for 4 years my husband does not want to live with me anymore. He has kept our 2 year old son with himself and made me leave the home. I am 4 months pregnant now and want my first child be with me too. I won't get remarried. What should i do?

Advocate Nitin Agarwal answered
In your case you need to file a case of grant of custody before the family court. Ideally and legally mother is the rightfull custodian of her child upto the age of 5. If in case you want to live with your husband then also you can file a case of restitution of congujal rights.

Q: Can i complaint against my boyfriend for not marrying me

M in relationship with a guy from last one and half year and he proposed me for marriage now he refuse to marry because his parents are not agree and they marry him somewhere else and done his engagement and he said he did not do marriage against his 8. I want to complaint but don't want to involve my parents

Advocate Nitin Agarwal answered
The question you should ask yourself should be "Filing a complaint agaisnt your boyfriend/his family members will serve the purpose or not and even if somehow you manage to marry your boyfriend after filing the complaint will you be able to live with them peacefully or in cordial relationship or not"? Only after answering these questions affirmatively you should think of pursue further.

Q: Who will get the custody of child after divorce

Who Wil get custody of 12year boy baby after divorce Hindu

Advocate Nitin Agarwal answered
The custody of 12 year boy can be granted to either of the parents based on certain points like thier income, security etc. The law is unsettled on this point and it can be decided by the court on case to case basis only.

Q: Procedure to file for divorce on the basis of 5 year separation

We are seperated since 5 years. We have a notarised divoce signed by both of us and family members as well and the marriage is also not registered. Now on basis of 5 years of seperation and that notarised divorce how soon can i get the decree of divorce. I need it asap as planning to get married in next three months. My ex husband has already god married without taking the decree or NOC. Kindly suggest

Advocate Nitin Agarwal answered
In your case you need to file the joint application for divorce before the concerning family court for the grant of mutual divorce. Normally it would take around minimum 6 months for getting the divorce decree from the family court but can be requested for the grant of decree sooner. It all depends on the judge whether he agrees or not.

Q: Legal remedy for request of 6 months time to repay education loan

I am an education loan holder in Canara bank. My graduation completed last 3 months ago. The manager continuously calling me for repay of loan. I am not in job right now.. I am trying my hard.. he is going to send court summon. What can I do ? I need 6 months for preparation. What should I do ?

Advocate Nitin Agarwal answered
Deferments allow you to stop making payments for a certain period of time if you can show valid grounds. For instance, you may be able to get a deferment if you can show economic hardship, are returning to institution, are unemployed, or looking for a job.Depending on your type of loan, the deferment will not only allow you to stop making payments on the principal, but it will also stop interest from accruing on the unpaid balance. For other types of loans, you are only allowed to defer the principal of the loan, meaning that interest on your loan will continue to increase during the time you are not making payments.As regards to your query, you can talk to Canara Bank Branch Manager and try to negotiate on the aforesaid terms. It allows you to temporarily postpone education loan payments. You can also try to negotiate them to increase the tenure & reduce the EMI.