Advocate Kumar Gaurav

Questions Answered by Advocate Kumar Gaurav

Q: Husband cleverly abandoned in rented flat

Hello sir. I am married since 14 years & was living in JF of husband. I had my breakdown of emotions last month after yrs of humiliation, agony and voilence. when he beaten me & rest of family members started shooting my video crying on mybad luck. I ended up calling police. In Thana I requested police not to lodge FIR as I wanted to settle with him instead of any harsh punishment. He with conspiracy tricked me to move out of that house and dropped me at a rented flat and abandoned.

Advocate Kumar Gaurav answered
you should file a case for restoration of conjugal rights as well as get back in your matrimonial home through court by filing a domestic violence case before magistrate of your area at earliest and also file a case of maintenance

Q: Mere Sath Dhokha Hua Hai Zameeen Me

Mera name shivani h kuch din pehle mere papa ki death ho gyi thi uske baad meri mummy aur mere 2 bhai aur mere yaani m shivani 4 hisso me zameen gyi uske baad mera masad aur mere mama ji ne dhokhe se vo zameen meri mummy k name krva di ye bolkr ki tera hissa milegaab jab mangne gyi to bol diya ki tera hissa konsa aur konsi teri zameen ab m kya kru pls mujhe btaye m kha jaau pls mujhe koibrasta dikhaye ab mujhe kya krna chahiye

Advocate Kumar Gaurav answered
file a civil suit for partition before the civil court of the area where land is situated and also challenge that document which you signed in past and narrate every fact in that as to what is the story

Q: Spelling mistake in name filed in petition and order.

We had a case in court back in 2012 and we need the award. My father's name has a wrong spelling in petition(one letter 'r' is missing in his name) and because of that order had wrong spelling as well. We want to fix that ASAP a my fathers is 83 years old. How to fix that.

Advocate Kumar Gaurav answered
file an application under provisions of CPC before the concerned court for correction with documentary evidence and put your case it's the only way to get it corrected court me ask for such a delay in such corrections. however it is curable

Q: I am unable to arrange 2.5L guarantee for bail, What's next or Final

Running Personal loan, Permanently disabled in Covid, NI 138 wilful defaulter case by ICICI Bank against me. During first appearance I took personal surety bond, The judge ordered a bail worth 2.5 L before next hearing, I couldn't arrange any person, 10 days remaining, What may be the consequences when I will appear in the court after 10 days.

Advocate Kumar Gaurav answered
make an application before judge to reduce the amount of surety, wherein mentioning your status and reason for reduction of surety amount. also mention that of what value, you can arrange surety. the judge will consider and will reduce that amount. if your application is dismissed then approach sessions court in revision

Q: Notice Period Issue - 2 months to vacate shops (Third year )

First 2 year Shop rent agreement was signed (10% increase on 11th month and 2 month notice to vacate) and third year the verbal agreement was made on phone to increase rent and it continued for 2 months and now tenant gave notice to vacate but only 1 month- the agreement could not be signed due to physcal distance for both of us - increased rent was paid in bank - but as not they are not serving 2 month notice as sking security back is it valid ?

Advocate Kumar Gaurav answered
yes it's valid to ask for a refund of the security amount in vacation if tenanted premises but subject to utility clearance and after deduction of maintenance work, if any caused to shop during tenancy period. Apart from that, after the expiry of the agreement period, tenancy is termed os month to month tenancy, So the tenant can vacate shop in prior notice