Advocate Kamal Kaushik

Questions Answered by Advocate Kamal Kaushik (25+ answers)

Q: Mosi ko ldki se shadi ho skti he ya nhi

Hello sir Me hindu samaj se aata hu Or me or meri mosi ki ladki ak dusre ko bhut pyar krte he or sath rhna chahte he to ye possible he kya kese bhi but uski shadi ho chuki hai but wo fir bhi mere pas aana chahti he kisi bhi tarah se wo mere sath rah skti he kya koi bhi candition me

Advocate Kamal Kaushik answered
Kyuki aap dono mama-mausi ke bachche lagte hain, isliye Hindu Marriage Act me aisa rishta normally prohibited category me aata hai. Haan, kuch communities me purane valid custom hone par exception mil sakta hai, lekin uska proof aur acceptance zaroori hota hai.Saath hi ladki ki pehle se shaadi ho chuki hai, isliye bina legal divorce ke kisi naye marriage ya relationship me jaana kanooni complications create kar sakta hai. Pehle uska matrimonial matter legally clear hona zaroori hai, uske baad hi aage ki possibility dekhi ja sakti hai.”

Q: Institution not responding, refunding

I have enrolled in a IT course where the private institution promised to give vouchers for the global examination, It's been one year now they are not responding to call/messages and to give refunds. What needs to be done and how to legally take action against them

Advocate Kamal Kaushik answered
It appears that the institute has failed to fulfill its promise, which amounts to deficiency in service and unfair trade practice. You should first send a legal notice demanding either the exam vouchers or a full refund.If they still do not respond, a complaint can be filed before the Consumer Commission for refund along with compensation for mental harassment and litigation costs.All relevant documents such as payment receipts, admission details, advertisements, and communication records should be preserved as evidence. Proper legal action generally compels such institutions to resolve the matter promptly.Assistance can be provided in drafting the legal notice and initiating appropriate legal proceedings to recover the amount.

Q: Property demanding wife from husband

If file false case againt me and my family section 498a and DV atc and many more, now she demanding 10 lakhs and new house then she can withdrawal case else she file house stay and maintanace case againt me, now my advocate say parents to "be-dhakhal from property your son" so first question how much the cost for bedhakhal in jaipur court and how much it's benificial for marrige distribbute cases

Advocate Kamal Kaushik answered
If false cases under Section 498A IPC and Domestic Violence Act have been filed, there is no need to panic. Such matters can be contested on merits and you can apply for anticipatory/regular bail if required.Regarding her demand of ₹10 lakhs and house, it appears to be pressure for settlement. You should not agree blindly. Any settlement should be done legally through mutual consent terms before the court.As far as “bedakhal from property” (disowning) is concerned, it does not automatically remove her right to claim residence under the Domestic Violence Act. It may help in some situations but is not a complete solution. It is advisable to take a proper legal strategy combining defense in criminal cases and handling of maintenance/DV proceedings.I can guide you step-by-step and help you handle the case effectively. You may connect with me for detailed consultation.

Q: Intercaste court marriage do no want legal team to come to house for v

If we are registrating for court marriage due to notice period police or verification team will come to our residential address this is my concern if they come we cannot do marriage.

Advocate Kamal Kaushik answered
In court marriage under the Special Marriage Act, a 30-day notice is published by the Marriage Officer. During this period, generally no police comes to your house unless there is some specific complaint or objection raised by someone.In most cases, verification (if any) is done at the office level and not by visiting your residence. So there is no need to panic. Your marriage cannot be stopped just because of a simple notice procedure.However, if you want to avoid any risk of local interference, you can plan the process carefully or consider alternative legal options as per your situation.I can guide you step-by-step to complete the marriage process smoothly without any issues. You may connect with me for detailed assistance.

Q: Booked under Rajasthan Prevention of Defacement of Property Act, 2006

A police officer visited outside our house after seeing our business flex board (Business Name, Address, Contact and Services) tied to a pole and ordered its removal, threatening legal action. Despite other similar boards nearby, we were targeted. The next day, police photographed the board, filed an FIR, and booked my wife under the Rajasthan Prevention of Defacement of Property Act, 2006. My wife is afraid of this action by the cop, what should we do?

Advocate Kamal Kaushik answered
Your wife has been booked under the Rajasthan Prevention of Defacement of Property Act, which is generally a bailable offence. There is no need to panic.First, ensure that the flex board has been removed to avoid further complications. Secondly, your wife can apply for bail (if not already done), which is usually granted easily in such matters.If the action by police is arbitrary or selective, you may also challenge the FIR or seek quashing before the High Court.I can guide you step-by-step and assist in handling the case properly. You may connect with me for detailed consultation.