Advocate Asit Tewari

Questions Answered by Advocate Asit Tewari

Q: Court Mediation Settlement not followed by Accused -

In our cases (D.V & Execution petitions), respondents agreed to a settlement in Mediation of District court but stopped responding after that, did not even sign on first motion despite multiple follow ups. Now Arrears of around 3.00 lacs towards interim maintenance are due , please suggest remedies or Can we approach High Court for Contempt of court done by respondents?

Advocate Asit Tewari answered
Your case details and mediation settement orders and other orders on maintainance need to be examined for further legal steps . You discuss entire case facts and law for legal advice with a lawyer for further course of legal action .

Q: Money sent to me by mistake do i have to send it back by law or not

Do i have to send money back sent to me by mistake

Advocate Asit Tewari answered
Please inqiure from bank how money has come into your bsnk Account and who has sent it and why and then after legal advice on the facts of ur case and applicable laws you can take further steps .

Q: Seeking legal help

Against my maintenance case my husband lawyer put stay order and in revert we filed execution case. Finally after some time court announced 6k maintenance to me. Now the amount is 3 lacs. But he stopped coming to court. It’s a ex partee case too. He is not interested to pay maintenance, alimony and divorce too. I am a cancer patient and 15k is approx my monthly medical expenses which I spend. I m stuck in a trap how to move out from this ? What should I do that I get relief? Please suggest.

Advocate Asit Tewari answered
Your case history need to be examined to see what further steps and legal remedy is now available, including record of orders already passed and to what extent they have been complied or not by your husband .

Q: Interim Maintenance based on 15 years Old financial Status

Hi, I am looking for some judgments on following:-Interim maintenance (in DV Case) has to be decided as per the Current Status of an individual and also on the basis of last 3 years Income/Assets disclosed in Income Affidavit filed as per Rajnesh Vs Neha Judgment. Today, while deciding the Interim Maintenance 10-15 years old status/lifestyle of an individual is irrelevant, especially when the said lifestyle was maintained by the individual with the support of Parents/ family members.

Advocate Asit Tewari answered
Your case specific facts and case history need to be examined to see what case law shall be relevant based on ur facts including the income affidavits on records and other pleading and documents and present status of parties and orders passed by the concerned court etc.

Q: Company is not refunding my amount

I take a service from company for providing me license they donot provided me license and started delaying me to refund amount i filed a case on nation consumer helpline and they reverted back that they will pay amount in four installments i disposed the case on that portal bt when the date comes still not refunded money and again delaying day by day i have all transaction details ! I live in other city and company is in ither state

Advocate Asit Tewari answered
If you are consumer of services as per your case then you may proceed to file consumer complaint in your place of jurisdiction as per law against the company and seek refund and compensation. please discuss ur case facts with a lawyer .