Advocate Mamta Gupta Nagori

Questions Answered by Advocate Mamta Gupta Nagori

Q: Can wife claim maintenance while staying with the husband

Can wife claim for maintainance if she is staying together ?

Advocate Mamta Gupta Nagori answered
Under the Hindu Marriage Act, maintenance is granted when there is petition for divorce. In both the case when it is pending then interim maintenance is granted but in absence of any divorce the provisions cannot be attracted. The intention of legislation was to remove the handicap of wife, rest subject to other facts.

Q: How to get my refund back from the organisers of football league

I registered for a trial(football league) that held at Delhi and I received an e-mail from the organisers right after registration mentioning the day, date and some rules regarding trials. One of the point in the rules said "If you are selected in the trials, you must pay a registration fee of INR3,000. Failure to do so before the announced deadline will result in you being placed on the waiting list." When I reached the venue for trials on given day the organiser changed this rule without even intimating me and collected INR3000 even before taking the trials. As I travelled a long way just to give the trials, I paid the amount and gave the trials. The e-mail I received also includes this "This is NOT a guarantee that you will be picked in the draft, and if so, you will be placed on the waiting list. However, if you are not selected once the league begins, you will be refunded the registration amount."Igot selected but Idon't wanted toplay anymore. Hence want my refund but org. denied.

Advocate Mamta Gupta Nagori answered
What are the terms and conditions mentioned to you in the form or any document through which you applied. But as you yourself have waived the right even after selection, so you cannot claim back. You have appeared for trials and then selected. So as per the terms you cannot claim but still if the matter accordingly has other facts then a consumer complaint can be filed.

Q: Clarification on stay over ancestral property being sold by property

My father sold a land without our concern, this was our ancestor property which was transferred to his name so can i put a stay on this deal until we give NOC from our sode

Advocate Mamta Gupta Nagori answered
The property in the hands of your father received from his ancestors have become self acquired property.So you cannot claim any right over the said property. Still if you do then you have to prove how and what share you have in the property. From whom your father received the property, how has the transfer taken place. All these problems need to be looked into. The title of the property will decide but if its ancestral and in the name of father then it becomes his self acquired in his hands as per the The Hindu Succession Act and he has rights over the property How you are claiming your share that needs to be looked into from all the facts relevant for the case.

Q: What do if construction wrongly done on other land

hello sir galti se pas wali property par construction gya h to koi solution h kya

Advocate Mamta Gupta Nagori answered
Your situation seems to be very strange. There is no remedy available to you. All you can do is try to mutually talk to the other land owner if he could do something. Courts will not be able to get any relief as there has to be a dispute for court to interfere. There is no one against you. All you can do is talk with the landowner and get something done.

Q: What is the time limit to file FIR after the incident date

Please inform what is the time limit of filing a FIR with police, if any, after the incident date.

Advocate Mamta Gupta Nagori answered
As such there is time limit for filing FIR. But in order to proceed with any investigation and in order to reach the truth or in order to get the possible evidence in your case, you should do it as soon as possible.