Advocate Atishaya Kaushal

Questions Answered by Advocate Atishaya Kaushal (25+ answers)

Q: Illegal encroachment to install gate on stair

Live in a builder floor and third floor which have roof right install a gate in stair just up to second fllor stair and we enable to go on roof for check water tank or other things gave multiple compain in police station but thry told we have not right to remove gate suggest me legal process to remove his gate from common area

Advocate Atishaya Kaushal answered
If the gate has been installed across a common staircase/passage leading to the roof, and the other owner is using it to prevent access to the roof/water tank/common facilities, there is a proper civil remedy. The police generally will not decide the underlying property/right-of-access dispute.Please share title documents to check

Q: maintenance to divorcee wife and to the child form 1st wife

As per Hindu law what if the father is handicap and is not able to pay the maintenance to the 1st child for divorcee wife and ahs other obligations towards to current family like girl child old mother and mentally unfit sister

Advocate Atishaya Kaushal answered
Under Hindu law, maintenance is determined based on the father’s actual income, earning capacity, assets, health/disability and existing liabilities. A genuine disability and responsibility towards a minor daughter, aged mother and other dependent family members can be considered by the Court while determining the amount. However, disability does not automatically extinguish the maintenance obligation. If an existing order has become unaffordable due to changed circumstances, the father may seek modification/reduction of maintenance by placing appropriate documentary evidence before the Court.

Q: My Daughter Separated More Than 10 Years But Yet Not Legally Divorce

Can filed a case in supreme court for divorce decree on ground of 10 years and more separation or any other ground ?

Advocate Atishaya Kaushal answered
10 years’ separation by itself is not a statutory ground for divorce, nor can a fresh divorce petition ordinarily be filed directly before the Supreme Court on that basis. However, the Supreme Court has the power under Article 142 to dissolve a marriage on the ground of irretrievable breakdown, and separation of 6+ years is one of the relevant factors considered. Otherwise, a divorce petition can be filed before the competent Family Court on an available statutory ground such as desertion (2 years), cruelty, etc.

Q: Unpaid Invoices of MSME by Limited company

I am Udyam Regd MSME in Financial Services arranging loan from Banks to Companies. A company has paid only partially to me on Invoices raised (Plantiff paid Gst & respondent deducted TDS). Unpaid Amount 9 Lac, i dont have any written agreement with Respondent. In Commercial court, Respondent failed to file reply in 120 days. Commercial court has disallowed to hear Respondent reply. Now Respondent approach commercial court that case should be dismissed as it pertains to Civil court. What to d

Advocate Atishaya Kaushal answered
Based on the facts shared, there appear to be reasonable grounds to contest the Respondent’s objection. The fact that there is no formal written agreement does not, by itself, make the dispute a non-commercial dispute, particularly where the claim arises from financial/loan-arrangement services and there are invoices, part-payments, TDS deductions, GST records and other supporting documents establishing the transaction.The nature of the underlying transaction and the manner in which the parties have conducted themselves would be important in establishing that the dispute falls within the scope of a commercial dispute.Further, since the Respondent has already failed to file its written statement within the prescribed 120-day period and the Court has closed/disallowed the same, the Respondent’s present application also needs to be examined carefully.However, I would need to see the plaint, the Respondent’s application/objection and the order regarding the written statement before giving a definitive view.Please connect with me so that I can review the documents and advise you on the appropriate response and strategy.

Q: My wife needs a divorce, we want to approach case as a mutual divorce.

Hello, My name is ashish, my marriage was registered in December 2022. After one year my wife doesnot want to stay with me and continue this marriage. She doesnot want any alimony.She has sent me the marriage cancellation documents which has only her information.I wanted to what is the process of mutual divorce and what is the fees?There is no alimony demand from womens side.

Advocate Atishaya Kaushal answered
HiWe can file a divorce petition under Hindu marriage act, once it will be filed the court will put up for counselling wherein we can state that we dont want to pursue with the same and can move up for divorce. On approval, the court will take the petition forward and you can be legally separated. Any kids from the marriage?