Advocate Sandeep S Tiwari

Questions Answered by Advocate Sandeep S Tiwari

Q: Legal remedies available if parents are not letting two adults marry

i am a girl 19yr old i love a boy he also love me too much we want to get marry but boy family is not ready to get us marry and they inforce to his son to marry where they want but he wants to marry with me since 2 yr we are trying to convince them but they are not ready to listion us even boy father threaten him that if you do love marriege so he will harm my family into false case from where we cant getrid and also kill me . sir plz suggest how can we solve it because i love him and we both can not live without each other.

Advocate Sandeep S Tiwari answered
You don't have options except to proceed according to law and engage some advocate. If you are Hindu then go to any Arya Samajh Mandir and request to them to conduct your marriage according to Hindu marriage ceremony and obtain a certificate and thereafter go to register of marriage office for duly registration.

Q: Legal remedy to get possession of flat Purchased

Sir, I am aged 70 years. I have purchased a Flat in Sector 10 Dwarka and registered sale deed has been done on 30.11.2017 at registrar office, Kapashera. There is a housing loan on this Flat from ICICI Bank for 75 Lakhs. The owner is not giving physical possession of Flat in spite of registry and has missed out 7 dates committed by her to give the physical possession. I am paying EMI and rent both as I am currently staying in rented accommodation. The Flat owner, a widowed lady, is harassing me in spite of me being a senior citizen. Kindly suggest me how to proceed in this situation and the legal options that I could exercise causing minimum inconvenience to me given my age.

Advocate Sandeep S Tiwari answered
Suit for possession will take time because it is a civil nature case. You are advised to file a criminal complaint in concerned police station by narrating the facts and make allegations that landlord grabbed the amount in name of registry and sale of the property, because she has not given possession over the property therefore you are not enjoying your property rights and it's amount the act of cheating and breach of trust

Q: Can alimony be claimed after receiving a lump sum amount already

I want to know that after mutual divorce, where I received a lump sum amount of 10 lakh. Can I file a case again maintenance for my daughter expenses? The cases were domestic violence, maintenance and dowry that after chamber meet with the judge it was changed into mutual divorce.. I was 23 years old at that time very young did not know what to do or what was going on. my daughter is 9 years old now soon to be 10 but its difficult for me to handle her expenses. as I am a sole earner. I did not marry again. he got married again and his current wife has also filed the same cases. DM, maintenance n all. So just wanted to know what are my chances.

Advocate Sandeep S Tiwari answered
You have right to claim maintenance for daughter. Yours personal settlement does not defeat the legal rights of your daughter. Maintenance right is already laid down under section 125 of the Criminal Procedure Code and for this purpose you have to move appropriate claim petition before the Magistrate Court.

Q: How can a girl file for divorce after 2 months of marriage

Cheating se Hui arya samaj me shaadi 2 month baad ladki divorce le Sakti hai kya he not good he is mantly disturbing for girl and damki deta ki me there gher a kar teri family ki society me insult karunga ab tu kuch nahi kar Sakti.How to file divorce and save my family ?

Advocate Sandeep S Tiwari answered
Divorce Petition cannot be filed unless until 1 years has completed of marriage under the Hindu Marriage Act. Meanwhile you have option to file a petition for judicial separation and after completing 1 years you can move an application before Court to convert the judicial separation petition into divorce petition.

Q: Can i be prosecuted in India for a debt abroad

I have a huge debt in UK and I am planning to return to India since I cannot pay it back. Can I be prosecuted in India for this??

Advocate Sandeep S Tiwari answered
You cant prosecuted in India but can prosecuted in UK for not paying a huge debt by the Courts there and UK Govt. will make request to Indian Government to deport you as per the provision of treaty signed between India and UK. But you can play foul for some time by doing this and it is not so easy to recover money in India