Advocate Ajay Singh Gaur

Questions Answered by Advocate Ajay Singh Gaur

Q: Father need child custody of boy

Father need child custody of boy.. section 13 and 26 filed by father..But 1.5 years passed opposite party not replying.. still I did not get even visitation right.. party not replying still no exparte decision or stop reply action is taken by court.. THEIR IS NO JUSTICE AT ALL. IS THEIR ANY WAY BY WHICH I CAN GET CHILD VISITATION RIGHT EARLIER. OR CAN I MEET MY CHILD WITHOUT VISITATION RIGHT. AS WIFE ALSO HAS NO CUSTODY RIGHT GRANTED BY COURT.. ONCE I TRIED TO MEET MY CHILD IN SCHOOL , MY WIFE ISSUED A LETTER ON BEHALF OF SCHOOL FALSELY STATING THAT FATHER IS CREATING nuisance in school.. Child is 4.75 years old boy. Now I Filed section 25 guardian and ward act 1.5 months ago..IS THEIR ANY LAW WHICH PRECENT FATHER TO MEET HIS OWN CHILD WITHOUT VISITATION RIGHT. ANY ORGANISATION WHERE I CAN COMPLAIN THE SAME FOR MY HUMAN RIGHT

Advocate Ajay Singh Gaur answered
hello you have file petition regarding to child custody but according to hindu the case of a boy or an unmarried girl-the father, and after him, the mother-provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother;

Q: What could be the punishment for a juvenile?

What could be the punishment if juvenile did an offense under section 307,323,341,325 SC/ST 3,11r,3,2,v,vanJuvenile is main accused.The case is pending under ACJM

Advocate Ajay Singh Gaur answered
hello in these sections the sentence are different according to section and the court maximum sentence for juvenile offenders is three years,and the courts have power to sentence up to 3 years and fine or fine

Q: What are the rights of Father-in-law and Mother-in-law?

There is an old retired couple (retired from govt service). Their son died 1.5 years ago. Their son and his family lived on the first floor of their home. The son had two businesses (transport business and one govt contract for 3 years) and both of these businesses have been transferred to his wife. All his properties (2 plots, 1 car, policies, investments) have been transferred into his wife's name. The son's wife is not in good terms with the in-laws and says she does not want any contacts with them. But here is the problem: She still lives on the first floor of their home with her 2 kids and wants that home to be transferred in her name. The home was built by the father and mother's hard earned money and they are still giving EMI for it after 30 years. They took a loan during their govt service. The son's wife has many times abused them in public and never talks to them. Now, the father and mother-in-law want to sell out that home to get rid of their daughter in law.

Advocate Ajay Singh Gaur answered
Hi This is a civil suit Yes you can sell property Unless there is any case file, these District and Session Court Because her grandson has the right to property in the grandfather's property.So you sell the property as soon as Thanks

Q: Rights of sons on grandfather's property when money is invested by one

Mere dada ji k father ne will banayi aur sari property meri dadi ji k name Kar Di..meri dadi ji expire hue 5 sal and dada ji ko expire hue 1 sal hone wale hai ab unki ek property par Papa ne hotel Ka Kam suru Kia h ..to age unke Bhai matlb mere 2 Chacha Hain aur 1 tau and 4 bua agr vo kal Uske profit share k lie claim karte Hain to usko kese rooka Jaye qunki Uske construction mei Sara pesa Papa ne hi lagya hai please help

Advocate Ajay Singh Gaur answered
HiBecause the tital of the property is not clearly vest in your fevour the vest of the legal heirs and entitled to get mesne profit against there share in the property from filing a civil suit in district and session court

Q: How to get divorce from abusive wife?

This december 5 years completed for my marriage in this 5 years my wife fights with me and gone to her native place 6 times having duration of 2.5 years in between she is not staying in my house more than 4-5 months she listens to her mother and her brother is criminal -thief and her family harrasing me giving me mental torture if they will say something to her they will beat me and false allegations they have made with police station regarding my mother and he has also medical problem for child birth the problem is that within the closed door she says i want to divorce but after few days she admits that she wants me and i am deeply stressed and she is giving me bad words and beating me too well and for this i am not concentrating on work she is taking advantage of section for women and giving bad words to my mother and screaming loudly if said something i am not understanding she don't want to leave with me and daily fights with me i am too depressed

Advocate Ajay Singh Gaur answered
Hi,You can file the petition for Divorce in the concerned family court. on the basis of Cruelty.
You need to consult the lawyer and file the Petition for divorce 
.this is a stronger groud for divorce but for that u have to collect some evidence as per your story and also file one application to concern Police Station regarding threats from ur wife.
Thanks