Advocate Aditya Verma

Questions Answered by Advocate Aditya Verma

Q: Claim settled 50% of IDV against My theft Inova

Sir my car insured with Iffco Tokio. My car IDV id 8 lakh, but i doing a mistake when taking policy, I wrongly mentioned NCB 50%. after 5-6 month my card has been lost and i intimate a claim to company. but i again late getting NCR from Court, therefore my claim has been closed due to non compliance of documents of given period. But when i complete my documents i reopen my case then they told me your ncb is wrong therefore first you should deposit NCB recovery amount and your claim will be dettled 50% bcoz your ncb declaration is wrong. Please suggest me can i get my full claim?

Advocate Aditya Verma answered
Hi You need to serve a Legal Notice to the Insurance company and if they do not comply with the directions then institute a consumer complaint against them. Meet a legal counsel for this. Good luck !

Q: The process of starting Divorce procedure in Hindu Marriage Act

I am married for 11 years and I have a son of 7 years. My marriage is registered under the Hindu Marriage Act. What is the process to start the divorce as a husband as my wife lives with me. I want the divorce on the basis of mental harassment by my wife and her family. Also, I want custody of my son.

Advocate Aditya Verma answered
For filing divorce you need to file petition against your wife in the court & since the custody of the son is joint at this stage, no need to file suit for custody. The question custody would arise once a party parts from the custody of the child. Better it is that you meet with legal counsel & understand the process. Good luck !

Q: Disowning Father for falsehood

Father is always on a run ,troubling mother and others by trying to make a show in public defaming the family. He in past has been involved in domestic violence but mother never reported . Now that he is retired and no longer can dominate with physical abuse . Due to his own preconceived thoughts,despite everyone in family looking after him well,we fear he might cause us unnecessary trouble by false complaints or will try to frame us in false complaints. How can we save ourselves from this?

Advocate Aditya Verma answered
The details given by you are not sufficient. In such a situation one has to see his/her title in the house & over the property. If mother is not complaining then children can approach to the concerned authorities but the fact remains that if the father is the owner of the house then he will straight away kick away the complainant or will initiate eviction process. Any complainant will have to clear about his/her ownership in the house & then should think further. If the victims are not having ownership rights in the house & ready to live separate then take action against the erring man.

Q: Should i Approach Consumer Court for repeating issue with my laptop

I have an Asus laptop and its hard disk keeps failing every 3-4 months as a result i lose all my data.Today it failed for the 5th time.I bought the laptop in september 2018.Its still under warranty but they just keep replacing hard disk nothing else.I want a permanent solution or Replacement/Refund.Should i approach consumer court for it?

Advocate Aditya Verma answered
Hi A consumer complaint would serve the purpose. The law w.r.t to such situation is that if a part of the machine can be replaced then whole machine shall not be replaced but as in your situation if the changed part is not working then either the laptop will be replaced with a new one or entire money shall be refunded for sure along with compensation. Good luck !

Q: Where can a wife file complaint against her husband in dowry and DV

From where can a wife file complaint under dowry and domestic voilence against her husband and in-laws ?As per my knowledge a wife can only file a complaint from the place where the crime is committed (CrPC 177) or from the place where she takes shelter after the cruelty from her husband and in -laws. Please correct me if I am wrong.Also, please confirm if wife file complaint initially in the city she lives and then closes the complaint to file a fresh modified complaint in another city. Can it be possible legally?

Advocate Aditya Verma answered
Hi Your knowledge w.r.t the filing jurisdiction is correct. However as asked in the later part, the complaint can be closed to file at another place only with the permission of court. Substantial changes in the complaint would make the original version doubtful.