Advocate Himanshu Nagarkar

Questions Answered by Advocate Himanshu Nagarkar (25+ answers)

Q: Can i give my private car on rent to some people ?

If I want to rent my personal car to some people, can i rent my private car ?,what are the legal procedures for doing the same? I want to rent out my car to some people in my city. They wanted to get extra car for going to other city on vacation. That means I won't be driving the vehicle and they would just be renting out my car. I want to understand how can I do it legally and what are the things to keep in mind. Thanks.

Advocate Himanshu Nagarkar answered
Dear You may rent a car as far as you are not earning any income out of it! Legally you cannot rent out a personal car which is not registered as a commercial vehicle. leasing a personal car in india is banned under motors vehicle act. Conclusion: You may rent out a car provided you change the car from personal car to the commercial car. There is another way out, but i cannot share it here. Regards

Q: In a sexual relationship with my son and have a daughter, is incest in India legal?

I am a 44-year-old NRI woman from Spain, now settled in India for the long term. My son and I had a legal and openly accepted relationship in Spain. We have a 3-year-old daughter, and I am currently 5 months pregnant. Can we continue our relationship in India? We are interested in supporting others in similar situations and starting a support group. My son is 24 years old. We also created a documentary showcasing our relationship, aiming to illustrate its beauty, though it has not yet been released online. Is incest in India legal?

1. Is incest legal in India? Can I continue my relationship with my son after moving to India?
2. What does Indian law say about incest relationships? Are there any legal consequences?
3. Is there any legal support for incest relationships in India? What are the religious and social views?
4. What are the consequences of incest in India? Can a mother marry her son legally?

Advocate Himanshu Nagarkar answered
If you are still legally married, your relationship may be considered adultery, which has legal consequences in India. As for incest in India, there are currently no explicit laws banning it under the Indian Penal Code (Bhartiya Nyaya Sanhita). However, incest relationships in India are widely condemned due to religious, social, and cultural norms.

Most major religions in India, including Hinduism, Islam, Sikhism, and Buddhism, consider incest immoral. While Hindu mythology mentions cases of incest, the prevailing view is that it is sinful. Furthermore, many countries like Pakistan, Singapore, and Malaysia have strict incest laws with severe penalties.

While you and your son may not face direct legal charges under incest laws in India, social stigma and religious beliefs make such relationships highly controversial. Children born out of incest may also face significant challenges in society.

Q: Case was dismissed in default for non appearance can I restore the case ?

Hello, I filed a Civil Suit in May 2010, but due to non-appearance on multiple dates, the case was dismissed for default. I trusted my lawyer, but in June 2016, I found out that my case had been dismissed because I wasn't informed about the court dates.

My lawyer claimed there were many pending cases, causing delays. Now, after 5 years, I want to know: Can a dismissed civil case be reopened? What steps can I take to restore my suit dismissed for default and claim the property rights left after my father’s passing?

Advocate Himanshu Nagarkar answered
Yes, you can reopen a dismissed civil case, but there are certain conditions. The doctrine of preclusion prevents re-litigation of the same issue between the same parties. However, Order 9 Rule 9 of the Civil Procedure Code allows you to apply to set aside the dismissal if you can prove there was a valid reason for non-appearance. A strong lawyer can help present a solid case to the court, showing sufficient cause for reopening the case. Refer to case law AIR 1962 MP 64 for further guidance.

Q: What to do if someone is calling me again and again ?

A person name is troubling me by giving multiple of messages and calls. I had even warned him and not to call and give messeges. But still he calls me and texts I love you etc. It is almost 4 months now. I even scolded him and said not to give any messeges else I will report him to cyber crime. But he says I'm not doing anything wrong. I m just texting I love you. And I want to marry you. But you are doing wrong. You are scolding me. And I can also report you as you are scolding. But I will not bcoz I love you. Always he texts I love you. Whenever I warns him he says please don't decline and please don't avoid me, I love you. Sometimes he send messeges at even in mid night 4am. Sometimes he calls at 5am and disturbs me. Always I see he writes I love you, good morning etc. My mother and my cousin also warned him not to text anything. But still he text me. I am irritated. He is from puri orissa. Sir/ mam plz suggest me what to do if someone is calling again and again ? what can the police do about harassing texts ?

Advocate Himanshu Nagarkar answered
Dear,This is an offence under right to privacy and you can certainly institute a case against him. My suggestion is to first send him a legal notice stating him to abstain from his acts and if he still continues you may lodge a complaint in the nearest police station and file a criminal case against him. The police will contact the service provider (they wont share the details with you as per the Act) and then take necessary steps even to an extent of instituting a case. For more details please contact the office.

Q: Taken companies data on personal email id unknowingly

PleaSe help required urgently as I've unknowingly by mistake taken companies' data on my personal id. They have taken as a breach of policy

Advocate Himanshu Nagarkar answered
DearPlease seek a written apology and make an registered affidavit/undertaking that the data that had been transferred will not be used by you under any circumstances and that you will not pass on the data and further you will erase it in its totality. For more details please contact the office.