Advocate Abhishek Pareek

Questions Answered by Advocate Abhishek Pareek

Q: Clarification regard mutual divorce (13B) decreed by Lok Adalat

My soon-to-be ex-wife has asked humongous amount of alimony to settle all the cases once & for all. I am supposed to produce money by 16 April. Judge has told that if I am not able to get the money by 16th, he is willing to give 17/18/19 as the next date as per need. Time which might be needed to arrange money, create FD for my kid etc. He said once the money is give to her, he will waive off the 6 months & give the decree same day. Now there is going to be Lok Adalat on 22 April. I am just wondering what should I do, Should get the decree on 16th (assuming money is arranged by then) and get this done. Or should I get the decree from Lok Adalat. I have heard that Lok Adalat judgement are not challengeable while the decree given by normal session court judge is challengeable. (Mutual Consent divorce 13B) Point is I am worried that after getting money, my (soon to be ex) wife can re-appeal & create more problems. Does decree given by judge is also NOT challengeable ?

Advocate Abhishek Pareek answered
At the outset let me clear you that decree passed under sec.13-B of Hindu Marriage Act is challengeable on the premise that if such decree is obtained by virtue of Fraud, Force and Undue influence, if passed by Judge of Family Court or District Judge having jurisdiction to hear and decide such cases. Kindly go through the Section 23(1)(bb) of the Hindu Marriage Act which makes the above discussion quite clear. Section 28 of the Hindu Marriage Act pertains to provisions of appealable decrees. It would be better to go for Lok Adalat Award rather normal decree by District Judge.

Q: Gave advance amount to builder unable to pay rest not giving refund

I paid 51000 Rs for 2bhk flat booking but now due to some financial problem I am unable to pay it's further amount so I asked the builder to refund my entire money. It had been 5 months to it but no any refund is made till today. Kindly suggest me what I need to do now

Advocate Abhishek Pareek answered
At the outset please go through the entire terms and conditions of the agreement between you and builder. If you don' t find any term or condition regarding refund of the amount which you have paid to builder, then send him a legal notice through your lawyer and if there is no response to your legal notice then file a consumer complaint in consumer forum.

Q: Girl blackmailing

Ek Ladki Mujhe blackmail kr rahi h

Advocate Abhishek Pareek answered
kindly update with the details: Were you in friendly relation with her or you have move forward?Had you promised to get marry with her?what sort of threatening she is giving you, either demanding money or lodging a Criminal case against you?