Dr. Azhar Ikram

Questions Answered by Dr. Azhar Ikram

Q: Can the Debt Recovery Tribunal (DRT) grant a stay order on an auction?

I took a loan of 2.5 crores from Central Bank of India. When my account became NPA, the bank issued a 13/4 notice and took symbolic possession of the property on 2.8.2016. I moved to DRT within 45 days of receiving the notice and obtained an order on 7.9.2016 stating that I am not a wilful defaulter. The first hearing date at DRT was set for 23.11.2016, and upon appearing, the second date was scheduled for 22.2.2017. Despite this, the bank published an e-auction notice dated 6.1.2017. Additionally, the bank applied to the DM on 27.8.2016 and again on 23.11.2016, with the latter date coinciding with my appearance before the DRT, where the DM directed me to appear before them on 22.12.2016. Now, I am confused because I applied to the DRT within 45 days of the 13/4 notice, yet the bank proceeded with the e-auction advertisement without any orders from the bank or DM. My second hearing before the DRT is scheduled for 22.2.2017. Can I obtain a stay from the DRT without making a deposit until 22.2.2017? If the DRT requires a deposit, can I approach the High Court?

Dr. Azhar Ikram answered
Yes you can file a interim relief application before DRT for stay on auction proceedings further you can challenge the DM order before DRT. The statutory fees for each application in your case will be rs. 250/-. For more details i need your papers for best possible suggestions.

Q: Flat to transfer from Father to daughter

My father-in-law wants to give his noida flat as a gift to my wife (his daughter). I don't have any idea how to do this in legal terms.Please advice

Dr. Azhar Ikram answered
for that your father in law has to execute a gift deed in favour of your wife. you have to paid stamp duty and court fees for that which is around 7%. the gift deed will be execute either in noida or where your father in law is residing.

Q: Need best legal option available for marriage issue

one of my friend got married 1 month ago. After marriage in just 10 days her husband started torturing her like beating, threat to kill, locking in room. one day when she got chance she fled. Now after some time we found that her husband has relationship with other girls also. My friend has recording of some of incidents. she left her entire jewellery also at her husband place. Her husband family members are also taking his side.What is best legal option to my friend in current scenario.

Dr. Azhar Ikram answered
mam it is evident from your question that your friend's husband have relation with other so it is advisable that your friend to file cases for maintenance domestic violence she has to file FIR against husband and in laws for the trauma see faced in her matrimonial home

Q: Wife pregnancy before marriage

I married on 11 Dec 2021 after some 15 days my wife told me that she was pregnant.in 10 weeks when we go for ultrasound she give wrong menturational date.as per mensurational date her dilivery date was 20 of september.but as per ultrasound report due date is 14 august.on the day of 29 of August she deliver a baby.as all are saying that baby was premature but actually baby was post mature and of 291 days.Diff between marriage date and delivery date is 260 days. By all this i was clear that she lies me.and her behaviour is also bad with me and my family.because of all this matter recently I lost my father.Now I can't get her back to my home currently she is living in her paternal home.her parents wants to send her to my home.give me legal advice for divorce.should i proceed for divorce or wait for her actions.

Dr. Azhar Ikram answered
you have not disclosed your caste; but it is better to file divorce first; otherwise, she can initiate multiple cases against you. On this ground alone, you can succeed; you can also request for DNA test to the concerned court.

Q: Non consummation of marriage after 8 months

Hello.I have been married since 8 months and my wife and I are living alone and away from our family since past 5 months, due to my job being in different city. Even then, we haven't consummated the marriage. I tried to be romantic, caring and thoughtful from my end, but in vain. Earlier she outright refused to kiss me, and did not even want to talk about physical intimacy. But 2 months back, I told her that I can not live in a relationship without physical intimacy and if she wants to live without me, she can do so.After this her behavior changed and she started kissing me but still she never let me do anything else. Now, after 2 months she has again started showing signs of outright refusal to any physical intimacy.We have never had any kind of sexual relation in the whole duration of marriage. Neither we had any kind of relationship before the marriage since it was arranged by our families.What should be my next steps here, divorce or annulment?Religion: Hindu

Dr. Azhar Ikram answered
denial of sex is come under the purview of cruelty, so on this ground alone, you can file divorce under section 13 if the hindu marrige act, you can file divorce petition in your concerned family court.