Advocate Amreen Shah

Questions Answered by Advocate Amreen Shah

Q: Advise regarding legal action againts training institute for bad servi

I took admission in the Henry Harvin Institute for Taxation and Accounting course. The service provided by them is very bad. Trainers quality is not that good, and there is no proper response from the team, which leads to mental distress. I want to ask if i can take any legal action against them

Advocate Amreen Shah answered
hi. You can file consumer complaint against the institute in consumer forum for defect in their services. Wherein you can claim refund of fees or compensation or both from the institute. You need to attach the terms n condition n policies of the the institution.

Q: Mutual Divorce Advice for peaceful closure of marriage

I am reaching out to seek guidance on how to bring about an amicable closure to my marriage. Currently, my wife and I have not been on speaking terms for the past six months, and she has recently arranged for a movers and packers service to retrieve all her belongings from our shared residence. am keen on finding a peaceful resolution without resorting to legal proceedings. My primary objective is to close this chapter of my life as harmoniously as possible.

Advocate Amreen Shah answered
Hi. As you have married legally you will have to dissolve the marriage too legally. Best option is by filing Mutual consent Divorce and get divorce in 6 months time n just two hearings will be conducted. This is the most harmonious way of dissolution of marriage.

Q: What is streedhan? And how to retrieve streedhan from husband?

I want to know what is wife's rights after domestic violence police complaint not FIR? How can I recover my streedhan under which section? What proofs are needed to recover streedhan? How can I file for maintenance n litigation charges? How much time it takes for whole process?

Advocate Amreen Shah answered
A wife has her right to recover her Streedhan which includes all the gifts which she receives from both the families at the time of marriage,she has the right to apply for maintainence from her husband. A list of articles as streedhan needs to be attached in the complaint copy. Charges differ from lawyer to lawyer. Time depends on the Court,min. 1 year to 5 years.

Q: Alcoholic and abusive partner is allowed to see kids

After marriage I realized my husband is a chronic alcoholic, he gets violent,abusive, constantly insult & taunt me and my parents.daily he mentally and physically tortures me and use verbal abuses for me & kids, seeing all this my elder son was under fear and stress. Last year onwards me & kids started staying with my parents. I was showing kids on video call, but from last month I am not showing kids on call. Will it affect on child custody, as I had already filed divorce & dv.i don't trust his

Advocate Amreen Shah answered
A father being a natural guardiqn has a right to access to his children but custody is decided seeing the welfare of the kids.I f the kids are safe n well taken care by the mother then custody remains with her n father has to pay maintainence to the children regularly failing to which he can be arrested.

Q: Divorce / Ailmony / Compensation

Mumbai based wife filed divorce based on cruelty in 2020 claiming hefty ailmony & compensation in HMA with a short lived marriage of just 6 days of 2019. Hefty Ailmony is claimed only on the ground of my past foreign earnings. Q: How court decides ailmony? current earnings or past earnings?Q: She is highly qualified woman with 15 years of IVF experience in Mumbai left her high paying job to freelancer to claim maintenance. Is she entitled to maintenance u/s 24 hma?Thanks for helping me.

Advocate Amreen Shah answered
Hi, Before deciding the amount of alimony of maintainence to a wife in either Domestic violence case or Hindu Marriage act ,The Petitioner and the Respondent both have to file their Assets and Liabilities statements with reference to Rajneesh v/s Neha judgement. I n that apst 3 years income n expenses are to be filed and then the amount is decided. Provided if a wife being educated and not working then there are many judgements wherein she is being denied maintainence amount.