Advocate Sunil Gulia

Questions Answered by Advocate Sunil Gulia

Q: Wife filed false domestic violence case what action can i take

The in-laws provoked my wife to filed a complaint of domestic violence almost 3 years back in UP. I was harassed at police station and after 10 hours, settled by agreeing the proposal offered by them. after that I was leaving separately that too in a different state. Now, I got the summon from court where I am putting up of Domestic violence whereas I am not in touch demanding money. Is this possible? can anybody harass upto this extent by dragging law for her benefirts

Advocate Sunil Gulia answered
Sir, First of all you have to join the investigation as and when the i.o ask you to join it. Then later on if you still have that copy of seetlement which you reached three years back then show it to the i.o and before the court also. You also give your call details record to the i.o to show that you are not in touch with your wife, to show how could you ask for dowry, and how to harass by without even being in touch with her. Also show you your residence proof wherever you are staying to show that you are constantly living far away from her, then, how can you harass her. Give every proof of your innocence to the i.o and the court.....

Q: Delayed possession how to recover the amount paid

my self purchaser pankaj k vasudeva a notarised banakhat registration was done with a party for purchasing flat for rs 4500000 lakhs. rs 300000 lakhs in form of chq and 55000 cash was paid to party towards bana. and to make registered sale deed in a time frame of one year. the aforesaid flat didnt had building usage permission due to this we didnt got a approval for loan. already its been one and half year party is not giving bana amt back nor he fulfils the document criteria. already we have purchased onather property now which is the best legal way to get bana amt back.

Advocate Sunil Gulia answered
Sir, With the given information, that you have provided, you have two options.1. Either file for a recovery suit in civil court. Which is a little time consuming process, which will take some time. But you have to keep patience. As through the given information, if you have all the documents and bank statement with you then it would be helpful to you. And, 2. Is that you can file a criminal complaint against the person for cheating you, by providing you wrong information, and taking your hard earned money without any intention to deliver the flat or to return your money back. If the seller knew that he does not have the building usage permission then also he has hidden the material information from you and cheated you by taking your money without any intentionto return your money.3. You can also file a suit under Specific Relief Act and can force him to give you possession after taking necessary building usage approvals from the concerned authority. In total, you have three options. You can chose either of them.....

Q: How can i get custody of my child

my wife always thretned me for divorce and she will always thretened me court will give custordy of child to her.but i dont want to leave my baby

Advocate Sunil Gulia answered
Sir, In response to your query, i would suggest you to sort out your matter with the help of family and friends. As you say that your wife always threaten you of divorce, this is a very serious issue and you have to deal with it seriously. You should first make an effort to reconcile the matter with her at your own because if she is adamant and don't want to live with you then when you people will approach the Court for settlement, then, in that case also, first of all the Court will also ask you people to decide your issue amicably. But, in case if you are unable to settle it out then the Court will decide. Now, come to the query relating to custody of child. She has got no supreme right to keep the child away from you and to keep that with her always. If she does this then you have every right to approach the Court for custody. Although she is mother, and the Court prefers mother to be the best caretaker and give custody to her. But, thats not the absolute law. Court always weighs all the options as in whose custody the child will be better given love, care, education etc. Welfare of child is the supreme concern of Court. It will also ask the child as into whose custody he/she wants to live. Whose company he like the most. With whom he is more comfortable. Court will weigh all its options and then will decide as with whom the custody of child will remain. So, i would suggest you not to worry about the custody of child as you also has got every right to keep him/her with you. Thats your child also. This threat by your wife won't work. And now coming to the divorce threat also you also can approach the Court and prove her cruelty by showing evidences of threats in various forms, for e.g video recording, audio recording, text messages, whatsapp messages etc. So, please don't worry. You can take legal route.

Q: Can i apply for govt job when case is pending against me

Dear sir,...I am 21 years old and in a govt job but know under suspension.just because last year my girlfriend put up a fake case on me u/s 376.I got arrested by the court. after 4 months, I got bail. know result awaited. everything is in my faver. Sir my question is this can I apply for a new govt job while my case is under trial or I'll have to wait for the judgement.

Advocate Sunil Gulia answered
Sir, This is in response to your query regarding applying for a job even when you are already under suspension. There is no bar to apply for any govt. job even when a case is pending against you. The reason behind is that the matter is still pending in the Court or you can say it is sub-judice in the Court. If you had been convicted then there would have been a problem for you, because, most of the departments first ask, if you are ever convicted under any law for crime against women or under any other law, or, is there any criminal case pending against the applicant. And if pending then provide the details and status of the case. In the present situation, you can apply for the post, but you have to mention in the column about the details of your criminal case which is pending and not decided yet. You can't hide these details, because, if later on you are found guilty and a sentence is awarded against you and you have concealed these details from that deptt. then the concerned deptt. can also take action against you for hiding such material information from it. So, it would be better for you to reveal all these details of your criminal case. And you can apply for any govt. Job or private job till your case is not decided finally and till the time any concerned deptt. has not made any specific condition regarding any criminal case of any applicant, in which, even, sub-judice cases are kept out from applying.

Q: How can I file for child custody and claim maintenance

I want to have chils cuatstody for life with eveng gicing meeting rights to my husband. N that ia why I am not asking for any maintenance of aelf n baby. Alltho I asked an amount for seperqtion at mediation but he refused completely.

Advocate Sunil Gulia answered
Ma'am As per your query, what i understand is that, there is a matrimonial dispute going on between you and your husband, which is still pending in Court and not decided yet. With refrence to your child custody query, i would like to clear first that first of all it is your prerogative to decide jointly with your husband when you are separating officially before court, as, with whom the child custody will remain. Court will only give its stamp on your mutual decision as to who will keep the child with him/her. Your mutual decision is the best. But, if you and your husband are unable to decide as to who will be having the custody of child and about visiting rights, then, in that case Court is the final authority to decide who will be having the custody. Till then, the person who is having the custody of child will keep that child with him/her till the orders of the Court. The principle or the rational on which the court decides about the custody of child is the " WELFARE OF CHILD ". Court decide on the principle that with whom the child wants to stay or by giving whom the custody of child, the welfare of the child will be supreme. Court see all the things for e.g salary of both mother and father, how far the school is from the residence of parents, who is having more earnings and income, persons other than parents, in the family, who can look after the child in absence of parents etc. Child welfare is supreme. Court will ask the child also as if with whom he/she want to live n spend his/her life. There can be an order of settlement between husband and wife, if they decide mutually as if anybody of them can keep the child with him/her for whole life, but that also can happen only if the husband and wife decides mutually, or, if anybody of them says that i don't want to keep the child. So, in my opinion, first you people have to come to terms of agreement as if who will be having the custody and also about visiting rights. But, if you are unable to settle the matter mutually then then the Court will decide solely keeping in its mind the welfare of ChildSo, it will be best for you to decide mutually, because if Court will be deciding then any of you can get the custody rights, and you have to follow the Court orders then in that case, in whoever's favour the Court gives order. You can go for mediation again, by mentioning before the Court that there are still, chances for mutual settlement. In that case Court can again refer both parties to mediation cell, and will provide you one more chance to settle mutually. But for that you have to make a request before the Court.