Advocate Akhil Sharma

Questions Answered by Advocate Akhil Sharma

Q: Can any matter of RCR get settled out of the court

Hi My wife and me are living separately from the past five months and one day one of their relative is asking for out of court settlement and does not want to involve court. He is saying lets talk and sort out this matter. What does that mean? Does my wife wants to comeback or something else?

Advocate Akhil Sharma answered
Of course Restitution of Conjugal Rights cases can be settled out site court also but it totally depends upon the parties. it can be settled outside court only if both parties whats. Only your wife can tell what she exactly wants. If your wife want to discuss the matter outside the court then get it settled through mediation of your relatives and you can later on withdraw your case. If you want any legal support you can contact me.

Q: Can one marry his neice both parents are ready for the marriage

Can one marry his neice as both parents are ready and willing to do so?

Advocate Akhil Sharma answered
No one cannot marry his niece under Hindu Law, as they both fall under prohibited relationship. Even with the consent of the parents, such marriages are void ab-initio. Such marriages are possible only in one case, where there is any custom relating to the marriages in prohibited relationship in the community of either boy or girl.

Q: Can ATR be filed without filling FIR by police under sec 156(3)?

In case of forgery , I filed case under 156(3). Forged document with hand writing expert report submitted . After 2 months I suspect police file ATR without registering fir and some excuse . And magistrate may give another long date . What should be my next step .. to press for early date of next hearing .. or some appeal for registering fir immediately to court ...

Advocate Akhil Sharma answered
If police has refused to register FIR than now FIR can only be registered on the direction of court U/S 156(3) of Cr.P.C. As far as early hearing is concerned, you can never compel court for early hearing, at max you/your advocate can request for short date. Also, you have mentioned that court may give another long date. that date is for what purpose? Please specify, whether ATR report is finally filed. If yes, what court has done? Court cannot give another date simply without any purpose. If everything is done properly and you feel no action is taken on your compliant then, next recourse if High Court under writ jurisdiction.

Q: Query regarding filing of a case against builder

As Homebuyers are unsecured creditors. If we file a legal case and after that If another reputed builder become Insolvent Like Jaypee. Then Can we be secured creditors as we have filed a legal case.

Advocate Akhil Sharma answered
Filing a case will not make you secured creditor. In fact irrespective of your status as creditors, if you have purchased a house or have taken loan from the bank to pay the builder, then you acquire a right to file a claim to Interim Resolution Professional (IRP) under section 13 by submitting all the relevant papers but only when the insolvency proceeding are initiated against the builder. Alternatively, if you have purchased/booked a flat or house and you think that according to the terms of agreement, builder failed to provide you a house, you can always file a case against the builder for recovery of money under Real Estate (Regulation and Development) Act, 2016 (RERA). This is the best remedy.

Q: Provisions to take actions against the landlord not returning security

Hello i was living in a rented flat one month ago and shifted to new now, I had a rent agreement with the landlord in which I have deposited 26000 as security. In the agreement it is written that "the said security amount will be refunded to the second party at the time of the handling over the vacant procession after deduction all rental arrears, damages, charges, conciquences etc", but landlord didn't give us the refund at the time we left that place, he told us that he will take two three days for full check of property, which is not written in agreement. Now he has billed us lots of charges ac gas refill, cleaning, white wash, curtain dry cleaning, ro candles change etc and he has denied to give any thing, Infact he is asking us for more money. What should i do in this condition, everything was working when we left that place.

Advocate Akhil Sharma answered
It actually depends upon the prevailing situation and facts. Whether any bill/bills are left unpaid by you? The charges/bills which he is asking you to pay were mentioned in the agreement. If you feel that in order to avoid payment of security amount, landlord is harassing you, you can take criminal recourse or else, you can call me for further advise.