Advocate Ayush S Jain

Questions Answered by Advocate Ayush S Jain (25+ answers)

Q: Custody of child post death of husband due to covid

Can paternal grandparents legally claim custody over their grandchild after 4 years post the death of their son due to covid (4 years ago). The daughter in law has re-married legally as per Hindu marriage act post 4 years and is in sane mind and financially well off and is taking care of her son since day 1 and the mother is and wants to continue keeping the custody of the Minor son whose age is just 7

Advocate Ayush S Jain answered
Since the child is only 7 years old, the law favors the custody of the mother, as the child is still of tender age and needs maternal care.The fact that the mother has remarried does not disqualify her from custody — the law focuses on the child’s welfare, not the marital status of the parent.2. Grandparents’ Rights:The paternal grandparents can apply for custody, but they must prove that:The mother is unfit to take care of the child (e.g., mental instability, neglect, abuse).The child’s welfare would be better served in their custody.From what you’ve described, the mother is financially stable, in sound mind, and has been the primary caregiver since the father’s death — this strengthens her case.3. Child’s Welfare is the Priority:In any custody case, the court’s primary consideration is the child’s welfare — including:Emotional and physical well-being.Educational needs and quality of life.Bond with the current caregiver.Since the child has been with the mother for the past 4 years, the continuity and stability of that environment will likely weigh in favor of the mother.What the Mother Can Do:If the grandparents threaten legal action, the mother should:Gather evidence of her fitness as a parent — financial stability, good home environment, the child’s educational progress, and emotional well-being.Maintain records of any attempts by the grandparents to interfere with her custody or manipulate the child.Consult a family lawyer and prepare a response if they file for custody.6. Visitation Rights:The grandparents may request visitation rights, and the court may grant reasonable access — but custody will likely remain with the mother unless they prove the mother is unfit.

Q: verbal and physical cruelty by my wife - what should be my action. I m

I married in 2016. She filed 498a, DV, 406 and 125 against me in 2020. After compromise in 2023 she withdrawn 406 and 125. She gave statement in court in my favour and I was acquitted in 498a also. After compromise she is torturing me with dirty verbal abuse and physical attack. She lifts nife to attach me, she presses my neck with hands and one time with rope also. She has given me several marks with nails on my body. I have her audio recording of verbal abuse. She is living with me at my jobs

Advocate Ayush S Jain answered
Medical Reports: Get a medical examination for the physical injuries and nail marks — this will serve as strong legal evidence.Audio/Video Evidence: Preserve all the audio recordings of her verbal abuse and, if possible, capture her aggressive behavior on video without risking your safety.Photographs: Take clear photos of your injuries as evidence.Witness Statements: If any neighbors or family members have witnessed her behavior, their written statements will help your case.3. File a Police Complaint:Visit the nearest police station and file a written complaint detailing her violent behavior, including:Physical assault (using a knife, strangulation with hands and rope).Verbal abuse and threats.Past incidents of physical harm with nail marks.Submit the audio recordings, medical reports, and photos as evidence.Ask the police to provide you with protection, if needed.4. File for Legal Protection:You can file a Domestic Violence Complaint (yes, men can also file under the Domestic Violence Act) seeking:Protection Order to prevent her from harming you.Residence Order if you wish her to leave the shared home.Injunction to stop her from making false allegations again.5. Consider Divorce:Given her history of filing false cases and ongoing violence, filing for divorce on grounds of cruelty and physical assault is a serious option. Your case will be strengthened by:Her past false cases (498A, DV, 406).The current physical violence and evidence of abuse.Do not retaliate physically — focus on legal action and protecting yourself.If you fear immediate danger, call the police helpline and report domestic violence.

Q: Unable to pay business loan with international stipulated time

My father took business loan and was unable to pay back He keeps my mother as guarantor. Will bank take legal action against my mother. She is house wife and don't have any income.

Advocate Ayush S Jain answered
Yes, the bank can take legal action against your mother if she signed as a guarantor for your father’s business loan — even if she’s a housewife with no income. Let me explain why and what you can do:The bank can initiate legal action like:Sending legal notices demanding repayment.Filing a recovery suit in court.Attachment of property/assets (if your mother has any in her name).Initiating proceedings under SARFAESI Act, if there’s a mortgaged property.2. What Happens if Your Mother Has No Income?Even if your mother has no income, the bank can still proceed legally if she has assets in her name (like property, jewelry, or savings).If she doesn’t own any assets, the bank may still file a case, but recovery becomes difficult. In such cases, the court might assess her financial condition and may not pass strict recovery orders.3. How to Protect Your Mother:Negotiation with the Bank: Try to settle or restructure the loan with the bank — they may agree to reduce the liability or offer an easier repayment plan.Legal Defense: Your mother can argue that:She was made to sign as a guarantor without fully understanding the implications.The bank didn’t properly assess her financial capability before making her a guarantor.She has no independent income or assets, making recovery from her impractical and unfair.Check the Loan Agreement: See if the guarantor liability clause has any limitations or conditions that can help reduce her liability.4. Final Advice:Don’t ignore legal notices from the bank — it can lead to harsher legal action.If the bank files a case in DRT (Debt Recovery Tribunal) or civil court, hire a lawyer immediately.Explore the option of loan settlement — banks sometimes agree to a one-time settlement (OTS) for a reduced amount.Ensure your mother’s assets (if any) are protected — avoid keeping large savings or property solely in her name.

Q: Complaint regarding fraudulent practices and deficiency in services.

1. How much will it cost to fight this case? 2. What type of evidence do I need to strengthen my case?3. How long will the case take in court?4. What is your final advice for me? What should be my next step?

Advocate Ayush S Jain answered
Here’s a detailed breakdown of what to expect and how to proceed with a consumer court case against the dance studio:1. Cost of Fighting the Case:Legal Notice: ₹5,000 to ₹15,000 if you hire a lawyer to send a formal demand.Consumer Court Fees: Very nominal — for claims up to ₹5 lakh, the fee is only ₹200 to ₹500.Lawyer’s Fees: ₹15,000 to ₹50,000 depending on experience and complexity, if you hire one.Miscellaneous: Documentation, notarization, and photocopying — ₹2,000 to ₹5,000.Estimated Total Cost: ₹20,000 to ₹70,000.2. Evidence Needed:To strengthen your case, gather:Receipts/Invoices: Proof of payment for enrollment.Promises Made: Brochures, advertisements, or messages that showcase the false claims about infrastructure and coaching.Lack of Safety Proof: Photos/videos of the poor infrastructure — lack of fire safety, cameras, ventilation.Communication: WhatsApp messages, emails, or call recordings showing abusive language or refusal to refund.Any Documents Signed: Copies of papers you were made to sign without proper explanation.3. Time Frame:Consumer court cases generally take:3 to 6 months for simple cases.6 to 18 months if the other party contests aggressively or delays proceedings.4. Final Advice and Next Steps:Step 1: Send a formal legal notice to the dance studio demanding a refund and compensation within 15 days.Step 2: If they refuse or ignore the notice, file a case in the District Consumer Disputes Redressal Forum.Step 3: Ensure you document everything and attach all evidence in your complaint.Step 4: If your child’s mental health has been significantly affected, consult a child counselor and keep their assessment as evidence for further action.

Q: Fees not refunded and abuse behaviour

I had enrolled my 6 year old on 21-2-25 at vaishali dance studio provided fake promises of good coaching as well as infrastructure she take signatures of mine without informing her rules she has no gst number, no fire safety, no camera no ventilation and complaint of this matters ..so she initiated target my child now my child is mentally upset and demotivated now we ask her to refund my amount as he came for just 5 days over there .. she refused to refund as well as abuse us... Please help rega

Advocate Ayush S Jain answered
Formal Complaint to the Dance Studio:Start by sending a written complaint (email or letter) to the owner of Vaishali Dance Studio, detailing:The fake promises made regarding coaching and infrastructure.Lack of safety measures: no GST number, fire safety, cameras, ventilation.The emotional harm and targeting of your child.The abusive behavior from the owner.Your request for a refund, since your child only attended for 5 days.Give them 7 days to respond.2. File a Police Complaint:Since there’s abuse and harm to your child’s mental health, this is serious. File a written complaint at your local police station, mentioning:Abuse and harassment by the dance studio owner.Unfair practices and misrepresentation of facilities.Endangerment of safety due to lack of fire safety and proper infrastructure.This ensures the police are aware of the situation and can take action if needed.3. Consumer Complaint:Since you paid for a service that wasn’t provided as promised:File a complaint with the Consumer Disputes Redressal Forum for deficiency of service and unfair trade practice.Demand a full refund of the fees paid and compensation for mental harassment and inconvenience caused.4. Additional Legal Options:If there’s any abusive language or threats, consider filing a case for criminal intimidation (Section 506 IPC).If you signed papers without being informed of the rules, that can amount to misrepresentation and fraud (Section 415 IPC).5. Prioritize Your Child’s Well-Being:Since your child is feeling mentally upset and demotivated.