Advocate CP Gautam

Questions Answered by Advocate CP Gautam

Q: Coomercial Vehicle sold on agteement

Sir, i sold a commercial car on aug 2019 on agrrement stating that after completion of all the EMI the vehicle will be tranaer.on 11 aug 21 accident happened with this car and a man died. Insurance and all tha papers are expired. Now the man whoom we sold the car he is denying to give settlement amount. What we do

Advocate CP Gautam answered
Thank you for your query. Please understand that if you have sold the car but did not transfer RC, the liability comes onto you. Has an FIR been filed in this case? If yes, it is important to read the contents before a comprehensive advice can be given.

Q: Separation From Husband After Family Intervention But Nothing Resolved

My streedhan is with my inlaws and my husband is denying to take responsibility of kids. So can I file separation and get my streedhan back. Also, m I eligible for maintenance of my kids. How would the joint property be distributed among us. And what about the belongings which I have bought from my own salary for which I have valid proofs as well. Will they be distributed as well? Also what about surrendered lic done for my daughter for which my husband is the account holder. Can I claim it's amount through court. I have spent huge amounts aa cash on my husband's accident, for the flat. Can I also claim.those?

Advocate CP Gautam answered
Thanks for your query, I'd like to first explain that there are many parts to your question and they need to be segregated. 1. To retrieve Streedhan you need to file a separate case under Section 406 IPC 2. Have you filed for divorce already? If you have filed for divorce and he is not giving maintenance, then you need to file for maintenance under Section 125 CrPC. 3. For property distribution and other queries, one must know the facts properly but generally you would have to file a civil suit if you want to claim it. You may contact us for a detailed discussion.

Q: Court appearance in divorce cases

I have filed a complaint case in 2019 but the other party dint appear even once in court nor any lawyer. In law is it possible other party dont appear at all ? and for how long the case can still be open?

Advocate CP Gautam answered
1. Please tell me the sections under which the Complaints Case has been registered by you. 2. Please tell me if your statement has been taken as per Section 202 of CrPC ? 3. Please also elaborate if the summoning of the accused has been done? If not then a BW, NBW should have been issued against them. The question has many tangents and unclear without other details.

Q: Second Marriage In Hindu Marriage Act.

Is Notorized Separation Or Separation In Front Of Panchayat Is Valid for second marriage In hindu marriage act?

Advocate CP Gautam answered
It is not valid. You need to get a divorce decree by the family court to go ahead for a second marriage under Section 13 B of Hindu Marriage Act 1955. Any other kind of separation either notarised or in front of Panchayat is not legally recognised.

Q: Boy side Not ready to give alimony

Boy side filed a petition for quashing fir in HC.when mediation started he refused to give alimony amnt. we spent arnd 32 lcs in marriage but he is a liar and says will give only 8lacs like always he wants to cancel the mediation not given a penny of the interim alimony amnt how to set them straight

Advocate CP Gautam answered
I'd like to know if the mediation is going on in the district court? In the current situation with the currently understood facts, I suggest you file a case under Section 406 IPC in the court. Generally petitions for quashing a 498A are not quashed that easily. We will have to further discuss the case in order to further your concern.