Advocate Ashok Kumar Jha

Questions Answered by Advocate Ashok Kumar Jha

Q: Is There Any Chance Of Penalty For The Party Who Take A U Turn?

Hi! I hv signed the second petition for mutual divorce but now changed my mind to give this relationship a second chance. Can I be blamed for any penalty by the court to suddenly take a U turn?

Advocate Ashok Kumar Jha answered
you have statutory right to change your mind, for all/ any reason before disposal of second motion for divorce, No penalty and you can suddenly take u turn at this stage, but you are silent about any settlement that you might had entered with your spouse,

Q: Husband destroyed Nikah nama how can I file for divorce?

me and my husband are living together from 15 years. we had a nikah as he is muslim. since day one he has been telling that he will tell his parents but till date he has not. he even tore the Nikah nama. he does not stay with me as well. i m fed up and want to know what option do i have?

Advocate Ashok Kumar Jha answered
You can file divore petition /claim maintainance on the basis of oral evidence and also initiate criminal prosecution for matrimonial offences /fraud.Additionally you may try to collect any documents which will help you. in proving your relationship.

Q: Is a verbal confirmation a binding agreement?

we had a verbal confirmation with a person for building some property. we had stopped it due to some problem. there is no written agreement btw us. now i have received a Legal Notice from a lawyer. what can i do?

Advocate Ashok Kumar Jha answered
You may contact an expert advocate explain brief facts to him and send reply to the legal notice and need not to worry. caution Do not send reply to legal notice on your own you may fall in big difficulty.

Q: late fee charged in a fraudulent manner & not providing ST receipts

I booked flat in Dec'14 on almost ready apartment & builder asked for the final demand in May; but there was no road, no parking, no gas pipeline etc. Also; Axis Bank delayed payment due to some technical error. I was giving them payments on regular basis & gave them the final payment in August end. There was no mention of delayed payment in any demand letter till last payment & suddenly after my last payment he demanded for late payment, since the entire money was given I have no choice but to pay him the money. Can I take legal action? Builder is also not giving me any govt receipts on ST

Advocate Ashok Kumar Jha answered
You can file a case under consumer protection act for deficiency in service , unfair trade practices before a district consumer reddrassal forum seeking appropriate direction for reddressal of your grivances along with compensation.

Q: House in name of parents. Father died. Now brother trying to sell it.

Father expired in 2008. The flat was on the name of father and mother. My elder brother is staying with mother since death. I was married, but after divorce i am staying in parental home since 2011. My elder brother is making our mother go against me and they want me to be removed from the house. What can i do in this situation? What if they are trying to sell the property? My elder brother is physically abusive. What else can i do with that respect? Police came and didn't help much.

Advocate Ashok Kumar Jha answered
You can file a case under section 12. of pwfdv act called domestic violence case to protect yourself from abuses/domestic violence thereby seeking direction for protection order along with other reliefs as applicable to in facts and circumstances of your case.you may also file a civil suitpermanent injunction seeking stay from creating any third party interest in. the property thereby restraining them from aforesaid acts as alleged by you.