Advocate M P Salunke

Questions Answered by Advocate M P Salunke

Q: Wife not staying in matrimonial place what can be done

I have get married on 15.05.2011 now 5 yrs complete but my wife can stay with me & my mother she was saying always to stay along but how can i leave my mother i don't have any brother my mother health was not good she has debits ,on 26.09.2016 my wife go to parent place but she coming back i was goin to 4 time to bring back but on that time she was saying i will come with in 2 day or 4 days but she was not coming my wife Mama given me dhamki to Divocer but i dont want to give divocer to my wife waht i well do.

Advocate M P Salunke answered
Dear Client , in your case we can file case under provision of law to bring the wife for resumption of marriage which is known as Restitution of conjugal rights even said attempts to bring her back would be possible in presence of court mediator or counselor if wife is still not willing to come even we can put efforts to get order from the court for restitution of conjugal rights.

Q: How to get refund of booking amount paid to builder

I booked one flat in pre launch and paid 7 lakh as booking amount in June 2016. I paid this money by account transfer and received receipts containing rate, area, address etc.The builder told me start the work by September but he has not started yet and also not giving any dates.I told to refund but he is not giving back money.There was no agreement prepared. Only I paid amount and received receipts.I m out of India, how can I get back my token?

Advocate M P Salunke answered
Dear Client as you havee booked the flatandd no written agreement is executed till today also said register agreement is require while accepting the amount from flat buyer under MOFA ACT if more than 20% amount is to be paid of total flat hence in your case sending of initial legal notice to cancle the flat based upon non compliance of flat work by builder would be first step if issue does not resolved then district consumer forum

Q: What amount of compensation can I claim delayed possession case

I have booked a flat in march 2011. It has been told to me that the possession would be given in Dec 2013. At the time of agreement they told me, possession will be given before dec 2014. But as a buffer they are writing possession date Dec 2015. Now we are in Dec 2016. But still the builder have not received the OC. As I am staying in rented flat. So, due to delay is the possession of the flat, I'm incurring addition financial burden in terms of rent. Kindly guide me in this situation how would i should initiate to claim for compensation due to delay in the possession of the flat?? What are the customer right which benefits to me, getting the compensation?? Up to what amount I can claim for compensation??

Advocate M P Salunke answered
Dear Client your case is maintainable under consumer protection act before the consumer forum based upon the valuation of the flat i.e if less than 20 lacks then to district consumer forum and less than 1 crore then to state consumer forum also you can claim compensation from builder including possession of the flat under deficiency of service. you can contact us for further details.

Q: What is the procedure for divorce under muslim law.

I am a sunni muslim woman, I want to know the options available for muslim woman to take divorce.

Advocate M P Salunke answered
Dear Client under muslim law which is basically uncodified law and most of the provisions are regulated under shariyat , quran etc religious holy books. even one sided triple talaqe is also allowed with mubaratnama i.e mutual divorce of both spouses.

Q: Girl has filed a false harassment case against me what to do.

I know her for 7.5 years. We were batch-mates. Once in past we fought and did not talk for 3 years and then everything became fine. I love her. 11 months ago she suddenly stop talking. I am trying to fix things for 11 months and I sent a tons of mails and video messages and many calls. All messages are extremely polite and mainly saying "Please fix everything". She lives in San Francisco, California. She said that she got some other guy there. I live in India and about to move to California in next 1-2 months. She is afraid that if I go there, her boyfriend may know everything and the relationship will broke. She complained my boss that I am harassing her and she don't know me. I stop contacting. Still she complained in the Women's Cell for harassing. Women Cell understood its a false complain. I am afraid she will put false complain somewhere else to stop my Visa. What can I do? Can I inform her family and boy friend about everything? Are the polite mails harassment?

Advocate M P Salunke answered
Dear client , facts abovention in your case is of false domestic voilence case & falsee criminal case under flase promise of marriage to be raise by the said girl against you in present & future , also it require to take requisite legal precaution before you leave from India