Advocate Kamal

Questions Answered by Advocate Kamal

Q: Recovery of money spend during marriage after annulment

Sir husband files a case to void marriage which is less than one year due to anger on pitty things nand small argument then what are ways to get marraige expences back without harming husband image and family ......if there is no hope to save the marriage.

Advocate Kamal answered
Actually you can file petition UNDER SECTION 9 HMA for Restoration of conjugal rights.. before the court of principle judge family court..... . .

Q: Complaint against credit improvement company for harassment

I have taken a service plan from credit improvement company for improvement of my CIBIL score by settlement with financial institution and they have mentioned in their services offer mail the word Debt Reconciliation/settlement/Consolidation and also mentioned that they will finance for the payment of these due. But now they are saying that we don't do the settlement and also not provide the finance for settlement. When I demanded for refund they send me the legal notice for harassment. They are refusing the refund by saying that we don't have refund policy that also mentioned in agreement. Also saying the you have attended the compliance call and say yes to process so we will not do the refund. Now my question is that can I file a case in consumer court against that and what is the chance to win. And if I will not win then what will impact as legally. Also what is jurisdiction of CIVIL suit for them if I will give any reply for their legal notice. Please suggest.

Advocate Kamal answered
Sir firstly if as you mentioned everything mentioned in your agreement then you can go for specific performance act for the performing of the said agreement and if not then go for recovery as well as for 420 ipc complaint before magistrate and you can go for consumers court also...all remedies available for you...

Q: Clarification regarding alimony to be claimed by husband

I hv 2 children aged 1.5 yrs & 6 yrs in 8 yrs of marriage. I m.a freelancer writer earning 20000 monthly, depending on work flow. Husband is army officer earning a lakh or more on monthly basis. I want to understand the alimony money I should claim as he wants mutual divorce. Both Hindu.

Advocate Kamal answered
Definitely you should claim for alimony for the maintenance of your child with future aspects like education, marriage, medical, maintenance etc and also for yourself..... And mutual is the best divorce here.....

Q: Wife was treated for depression before marriage wants divorce

can I file divorce case if I found that my wife is taking antidepressants pills or she has been treated for depression but she or her family didn't informed us before or even after marriage

Advocate Kamal answered
Definitely you can file divorce case because it's a misrepresentation of fact by your in laws and in law have provision for this.And as per the section 5 of HMA it's mandatory to represent everything if they try to skip something serious then, you can go for nullity of marriage as per section 11 or 12 of HMA