Advocate Krutarth Trivedi

Questions Answered by Advocate Krutarth Trivedi

Q: How to expedite civil cases court proceedings ?

Sir mere mom ne apne pitaji ki vasiyat me hisa manga he mom ke pita ji ne na koi whill likha tha nahi usko vasiyat varis me mili thi usne khud kamayi thi... Aaj case k 3 saal ho gaye case abhi bhi 'written statement ' stage mehi pada he.... how to expedite a court case in india ? meri mom senior citizen he.... Or Adjournment natural of justices ka kya matlab hota he... Court ye kyu date pe rakhti he...???? Thnk u

Advocate Krutarth Trivedi answered
Firstly you put forward this before the Hon'ble Court that the opposite party is yet to file written statement. Before that confirm with your advocate regarding the stage of the case and put your query forward. And put an application to expedite the proceedings on the senior citizen basis which will be left upon the court to consider it or not.For further legal opinion feel free to opt for paid consultation. Regards, Advocate Krutarth K. Trivedi

Q: What should I do if I am unable to pay the maintenance? What if the husband is unable to pay mainten

I am jobless, and before the judgment to pay maintenance to my wife of Rs. 11,000/- per month, I was unable to pay it. To date, I have not received any job of that kind. I only received a temporary job of 3-4 months, paying me around Rs. 6,000/- per month. My wife has filed a petition for not receiving maintenance. I was not present at the court hearing, and the court has issued an NBW against me. I changed my residence, and many warrants were sent to my parents, which they returned. Now, the family court has ordered a punishment of around 4 years. What should I do if the husband is unable to pay maintenance?

Advocate Krutarth Trivedi answered
File an application before the court firstly to cancel the warrant issued against you. Then move an application for alternation of maintenance before the Family Court. The change in circumstances in your financial situation is a ground to decrease maintenance. Don't worry you just need proper documentation and Court will understand your stand.

Q: What should I do if my parents are forcing me to marry someone else, against my will?

I'm 20 years old and my parents are forcing me to marry someone else, despite my desire to focus on my career and pursue a job. They are emotionally blackmailing me into getting married soon. I need advice on how to handle this situation.

Advocate Krutarth Trivedi answered
Firstly kindly understand they can't make you forcefully get married. They have no right as such. Secondly I don't suggest you take any legal action against them as they are your parents afterall. Make them firstly understand nicely. Convey your feelings, ambitions and passions to them. If they still remain adamant you will have to file a complaint for harassement to deter them further. It's a sensitive issue so tred carefully, high tides ahead.

Q: No maintenance to educated wife supreme court

if my wife educated mba also my wife can claim maintaince? and no alimony to educated wife with valid resoan like that she is capable to do job and earn suficiant for her daily need and my educations b.com

Advocate Krutarth Trivedi answered
No an well educated wife is not entitled to maintenance. The courts are of the view that the wife cannot act force the husband to milk out cash in favour of the wife. Like for example, the recent judgment of Delhi High Court of Mamta Jaiswal. If she is capable to earn and if she sits ideal at home claiming maintenance then she is not entitled for the same. However, in order to claim maintenance she will have to prove that she is unemployed or is not earning sufficiently to live up to the lifestyle which she used to live in before. In order to clarify the same it would be pertinent that both parties show income tax returns and decide who actually needs maintenance. For further information and legal advise, do contact me. Regards,Advocate K.K Trivedi

Q: husband has extramarital affair

We r childhood friends n after 16 years of merriage, my husband has extramarital affair. That lady is unmarried and serious about their relationship. But I don't wants to give divorce to my husband. I have a 13 years old son. My husband is staying at other state because of work. I am leaving with my in-laws. I m feeling in security. Currently i working with a private firm. Separation n divorced is not the correct solution for my son. Please advise.

Advocate Krutarth Trivedi answered
Visit my office i’ll guide you thorough. We need to get his side of perception by sending a legal notice. Accordingly we can act. Sadly if someone doesn’t want to stay with you, they can avoid but then certain legal responsibilities cannot be part away from