Advocate Naveen

Questions Answered by Advocate Naveen

Q: My sister's husband is torturing my sister and his kids.

He is like psychopath, drinks on daily basis and tortures my sister and his small kids on very small things. He wants my sister to break all contacts with us, else he will kill himself. If she gets divorce then there will continous fear and threat that he will do something to her because he is a person with nothing to gain and nothing to lose. Neither she can't live there in hell.Please suggest what we can do, he is making our life hell.

Advocate Naveen answered
There are several laws protecting a married woman from abuse from her husband or her husband’s relatives. Under Section 498A of the Indian Penal Code, harassment for dowry by the husband or his family is considered a crime. This harassment can be either mental or physical. Even though marital rape is not recognized as a crime in India, forced sex with one’s wife can be considered cruelty under this section. Section 498 A has a wide scope. It also covers any and all wilful conducts against a woman which drive the woman to commit suicide or grave injury or risk to life, limb or overall health. The practice of dowry itself is outlawed under the Dowry Prohibition Act, 1961. Despite this, if dowry has been given to and taken by anyone other than the woman, she is entitled to that money/property as the case may be under this Act.

Q: Withdrawal of cyber crime complaint

Recently, I filed an complaint on cyber crime portal, after few days, I withdraw it from the portal, I have also received the email confirming the same, but today I got a call from police station, telling me to come to the police station and fill an affidavit, me saying that i want to withdraw the complaint. Should I go ? As I have already received the email from the cyber portal confirming my withdrawal of complaint. Pls tell

Advocate Naveen answered
They may be needed for their record. You should call them and ask if necessary to go there or not ? If they need an affidavit ,you made it and send by post and please send a copy of mail that you get from them for better advice.

Q: Delivered wrong product by fabsareeo.com

I,am resident of H-642 Ward -18, New Tara Nagar, Sonipat Haryana. I ordered a lehenga from the site fabsareeo.com on 13th July, 2020. I got the parcel through Xpressbees, the delivery boy named Pradeep Bazard of contact no. +917027151559 from whom I got the parcel. My order no. was #1195 and the text I received through Xpressbees in which SR Courier order AWB is 141123202230893. The amount of parcel is 1349 and I paid the amount through Google pay. That delivery boy did not let me open that parcel before the payment and after that when I opened that parcel in that there was no such lehenga which I ordered. There was some old clothes. Since after recieving the parcel I am trying to contact to the company about this. But company is not giving any response to this.Can I get my money back?

Advocate Naveen answered
First of go to their website and search contacts option and from their you will get the mail id of the company after that write your grievance and send them a mail and take a print of that. If they respond of your mail it's good and if not then file a case against that company for unfair trade practices in consumer forum.

Q: The process of starting Divorce procedure in Hindu Marriage Act

I am married for 11 years and I have a son of 7 years. My marriage is registered under the Hindu Marriage Act. What is the process to start the divorce as a husband as my wife lives with me. I want the divorce on the basis of mental harassment by my wife and her family. Also, I want custody of my son.

Advocate Naveen answered
What are the steps involved?In Mutual Consent divorceSTEP 1: First Motion involves joint filing of divorce petition.STEP 2: Husband & wife appear before court to record statements after filing of petition.STEP 3: Court examines petition, documents, tries reconciliation, records statements.STEP 4: Court passes order on First Motion.STEP 5: Cooling off period of six months given to couple by court to rethink decision.STEP 6: Filing of Second Motion is done within 18 months of First Motion.STEP 7: Decree of divorce passed by the court.

Q: Claim settled 50% of IDV of Theft Inova

Sir my car insured with Iffco Tokio. My car IDV id 8 lakh, but i doing a mistake when taking policy, I wrongly mentioned NCB 50%. after 5-6 month my card has been lost and i intimate a claim to company. but i again late getting NCR from Court, therefore my claim has been closed due to non compliance of documents of given period. But when i complete my documents i reopen my case then they told me your ncb is wrong therefore first you should deposit NCB recovery amount and your claim will be dettled 50% bcoz your ncb declaration is wrong. Please suggest me can i get my full claim?

Advocate Naveen answered
You can get full insurance claim .you have to approach consumer court in this matter for settlement amount .In this we can assure you for best results and can help you to get your full claim as you want