Advocate Lalan Chaudhary

Questions Answered by Advocate Lalan Chaudhary

Q: I need to write a complaint letter about carpentry activities in our residential area causing noise

I reside in a colony in Uttam Nagar, Delhi, where a person has established a carpentry workshop adjacent to my house. This has been ongoing for 2-3 years, causing constant noise pollution from activities such as hammering, welding, and chopping. Additionally, the use of spray paint for furniture creates hazardous breathing conditions. What legal options are available to address this commercial activity in our residential area?

Advocate Lalan Chaudhary answered
Any trade or activity involving noise or involving obnoxious, hazardous, inflammable, non compatible and polluting substance or processes shall not be permitted in residential area. Since the unit is producing noise and using spray which is obnoxious and hazardous. It is also a nuisance to public at large. A complain can be made Pollution control authority authority for nose and odour pollution, a police complaint for public nuisance and complaint to MCD to close such an activity which endangers life of the persons living in vicinity of the unit. If the authorities do not act on your complaint, you can file a writ petition before the high court.

Q: Wife deserted and married someone else want to file for divorce

I am a Hindu Indian citizen. I got married in 2011 at Nepal as my wife belongs from there according to Hindi rights and rituals. We registered our marriage at Ranchi, India. My wife deserted me in the end of year 2014. To my utter shock, we found a facebook post showing that she married someone in USA and is also pregnant. I want urgent divorce from her. I don't even have her address. What to do? Kindly guide me with the detail procedure of divorce in my case.

Advocate Lalan Chaudhary answered
A husband can file divorce at two places. One where marriage is solemnized and other is where both husband and Wife last resided together. In your Case petition for divorce can be filed on the ground of desertion and adultery. Her parents address be given. After filing petition court will issue summon on given address and if she does not receive the same Court may direct for publication of summons in newspaper. Even if she does not appear in the court, the court will proceed exparte and after recording evidence and argument, the decree for divorce may be passed. You can also file a criminal complaint against her for bigamy.

Q: Can I live independently if my parents are forcing me for marriage?

Sir my parents forced me to do marriage but i don't want to marry sir.I want to study. I want to know that can i leave my home to live legally independently by law.What can i do by law so that my parents dont interrupt me in future to live independently?

Advocate Lalan Chaudhary answered
You have not written your age. But I can gather it from your quarry that you must be eighteen or more as your parents are forcing you for marriage. An adult has right to choose his or her life. No one can stop you to live separately from parents and pursue study or career. If your parents interfere in your life or force you to marry you can take recourse of law. If you are minor then also your parents can't force you to marry. It is punishable.

Q: Domestic violence by wife in love marriage

DEAR SIR, i am a men and citizen of a democratic india and belongs to a punjabi family stuck in some problem of love marriage due to which i fade up and not want to stay any more with my partner.now i am elaborating my story. i had married to a girl who is 6 years older than me in 2011,since after marriage my parents are not accepting marriage and from that day my parents as well as my siblings never talks to me and my wife who belongs to the rajput family and a financially strong family had never listen me after my marriage.my parents also evicted me from their property and family.and last year in september 2016,they also threw out from the house. and now i leaving in a rented flat near my house , the problem is she doubts on me everytime because of her posessive nature and called my office colleages or where ever she want ,even to a girl also ,use abusive language to talk to me and even threats me to stuck me in a legal case of domestic voilence, she also complaints so many times

Advocate Lalan Chaudhary answered
The violence against husband by wife may constitute crime but not recognized by the Domestic Violence Act. You can take recourse of the Indian Penal Code. Your father has every right and title in the property if it is self acquired by him. You can't even claim right to stay during his lifetime. It advisable to contact a lawyer of your choice and get solution of your problem .

Q: Admissibility of electronic media as evidence in court

I just want to ask can electronic media like video recording, Audio recording,etc is admissible in court or not..and what are the electronic media evidence which are admissible in court

Advocate Lalan Chaudhary answered
The electronic evidence is admissible in evidence in the manner as envisaged in section 65(B) of the Indian Evidence Act. While producing the electronic evidence you have to give a certificate to the Court under section 65B(4) of the Indian evidence Act.