Advocate Dharmendra Damani

Questions Answered by Advocate Dharmendra Damani

Q: Can a minor stay separate from his parents

Is it possible for a minor to seperate from his/her parents ?Also , what would be the procedure for doing so?

Advocate Dharmendra Damani answered
A natural guardian can apply for separation of minor from his/her parents on the grounds and being able to strictly prove that the child's parents are not of sound mind or are under influence of drugs or other ill-habits which can have a consequential effect on the upbringing of the child. The grounds (needs to be specifically spelt out) are important in order to get such kind of an order.

Q: Possession of rent property on expiry of leave & license agreement

The leave and licence agreement has expired but tenant not vacating and refusing to pay double the rent as per agreement and clause says we can take possession without recourse to law How do we take possession

Advocate Dharmendra Damani answered
We can send the legal notice asking him to vacate the premises and/or pay the deficit along with interest and continue to make the payment of license fee at increased rate.If he fails to oblige we can file the civil suit for recovery of possession in case of tenanted premises and an application before Competent Authority in case of Leave and license agreement.

Q: Parents gave a loan to someone but could not make loan agreement

Both my parents invested money with a builder who gave them monthly interest by cheque for many years.After my mother passed away the builder started defaulting in the monthly interest cheques. Its been 2 years now and even after asking for the capital back many times the builder keeps delaying repayment of capital.When l threatened legal action he promised to give me post dated cheques. Can I get him to sign a loan agreement with me now and if he signs it now is it legally valid? My parents gave the money to him as a loan in 2001 but didnt get a loan agreement signed by him.

Advocate Dharmendra Damani answered
If u are able to get the loan agreement made in your name now with reference to the loan taken by him from your parents then that’s the best solution to recover money in future in case he defaults.Otherwise we will have to see if there is the license of money lending and then proceed for criminal prosecution.

Q: Can I marry the buy I love if I am already married

May i marry with my boyfriend but m married and i did not make any phy.contact with my husband becoz i married on choice of parents but i am not happy and want to get marry with my love

Advocate Dharmendra Damani answered
You cannot marry your boyfriend unless and until you get divorced from your husband (irrespective of your physical contact with your husband).if you need any assistance in your married life by way of counselling for yourself and your husband or if you still wish to proceed with Divorce with your husband, you may contact our firm, having over 40 years of experience.

Q: Amount of maintenance to be awarded to wife after Divorce

After divorce how much money has to give legally to wife..if husband has salary ₹30000 month..also for 5 month old baby...and share in property... suppose husband buy new room but with loan money from bank..still husband has to give share in that to wife

Advocate Dharmendra Damani answered
There is no fixed set of law under Hindu Marriage Act, 1955 for claiming an amount of maintenance or alimony after divorce. However, it depends on the standard of living of the partner and / or income parity amongst both of them.In the instant case, you have an authority to ask for maintenance amount for yourself, baby and also seek permission to stay in the property of the husband till the time your are married and thereafter sought for share in the property which he owned prior to you getting separated and thereafter it depends on the relief and Decree of the Court..