Advocate Karan Lohia

Questions Answered by Advocate Karan Lohia

Q: Looking for maintenance from husband for my child

I am Hindu living in Gurgaon, married for 7 years and have 6 years old daughter. My husband went out of India in Oct 2017 (Myanmar) for job and got involved with another woman. From Jan 2018 he is pressurizing me for divorce and from feb 2018 he has stopped all the contact with me. My first and required priority is financial security for me and my child and rest all comes secondary. Divorce or No divorce does not matter if my first priority of financial security fulfils I am working woman (salary 80k/mon) and husband ( 4.5 lac/ mon). What should be my legal line action ? Please advice

Advocate Karan Lohia answered
Dear Madam, You can file a criminal complaint against your husband under section 498a of IPC. You can also file maintenance petition before the Gurgaon Court for herself and for your daughter. it makes pressure on your husband and than he settle the dispute.

Q: How to recover money from a friend who I gave cash to

4 year back I gave some money to my known by cash he gave me a check my name and amount filled by him without date now he refuse to give my money please help

Advocate Karan Lohia answered
Dear Sir,You can file a case against your friend under section 138 of Negotiable Instrument Act, before filing case we first send a legal notice than we can file a case. nature of the proceeding are criminal.So you can definitely get your money back through court .Regards Karan Lohia

Q: Claim by insurance company for repairing damaged car

I have done insurance of my car from new india assurance company ltd and in oct 2017 our car had an accident (the body of car from front got smashed).after that we informed to insurance company and they took our car to their workshop and they repaired it now the insurance company is demanding us to pay 2 lakh rupees for it and they are not even providing any report or bill of it and also not paying attention to our matter.

Advocate Karan Lohia answered
Dear Sir,First we send notice to the Insurance company after this if insurance company also demanding the money than we can file consumer complaint before consumer forum. RegardsKaran Lohia Advocate

Q: Car break pipe is broken by JCB durng Parking Chalan

Dear Sir, I have small issue. I live in the small city. But today, when my car was on roadside in court complex (I was with my car) 1 policeman with 2 other men, punished me by making Chalan of my car However I was there for just 1 minute and I asked that I am just talking on phone and now removing car from side of road and going home. But he did not agree. While he was writing chalan document, JCB driver started pulling my car, I said him not to touch car, as I am paying Chalan, but he pulled car with JCB machine. I paid chalan and when started car, I found that breaks were not working. I come back to place, but poicemen and other men (with JCB) were gone from there. I have copy of Chalan with me. For now I called mechanic to repair car. If I can put a claim to them due to wrong chalan and hitting my car by whcich car break pipe is broken? Chalan was of Rs. 600. I paid on the spot.

Advocate Karan Lohia answered
Dear sir,You can file a complainant against those policeman against for there rude behavior in the office of SP office. and if the SP did not take action against those police mans you can filed a criminal complaint in your nearby court

Q: Wife threatening for false DV case and i want to file for divorce

This is my 2nd marriage, it's been two years now as per Hindu marriage act. I m having one daughter from my first marriage, who is 10 year old. Gradually I came to know lot of mood swings are there in my wife nature. On small things she start absuing and aggressive. Give me threatens for false cases 498 and DV etc.. I m having phone recordings with my wife where she accepts her nature is not good. What I should do, can she put false cases on me at that time these recordings will be utilised as evedince that time. Or can I go for divorce on these behalf. Need advice..

Advocate Karan Lohia answered
You can file divorce petition against her on account of cruelty and after filing of petition if she lodge a FIR against you under section 498A or DV than it will help you in future and phone recordings also helps you in future.