Advocate Nidhi Jha

Questions Answered by Advocate Nidhi Jha

Q: How many years of separation can aid in an easy divorce

My brother is living saperate with my sister in law from past 1.5 yrs he want divorce..I have a question that how many years we required to stay saprate to get easy divorce Thanks

Advocate Nidhi Jha answered
There is no such requirement and there is nothing known as "easy divorce". The Courts will take its own time. The easiest and most time effective method is if the parties decide to settle the matter mutually.

Q: Legality of man filing sexual harassment case against a woman

can a male file a case of sexual harassment against girl

Advocate Nidhi Jha answered
No, only a woman can file a sexual harrassment case. But what you can do is give a written complaint at the police station and communicate mails/letters to her which later on can be used as evidence. If its an office issue, make sure to contact your HR and let them know

Q: How to respond to current legal issue/notice from customer?

Hi, I am a founder of an internet ecommerce marketplace that connects indian customers to international makers of unique consumers electronics gadgets and other unique products. We had a customer that ordered 6 items worth Rs 69000 last year. Out of which 4 items worth Rs 24000 has been delivered to them last year but the other 2 remaining items faced some problem during importing and shipping from the brand. The customer later changed the order and replaced the 2 remaining items to 2 other items from our catalog. Out of which one item has already been delivered and the other item is currently held in customs and a separate shipment of the same product has also been arranged. Now the customer has sent us a legal notice claiming of defrauding and asking for Rs 38000+ interest. How should we deal with the issue. The total amount of all 6 items now is Rs 62000 and we have offered the customer to write a cheque of Rs 10000 for the inconvenience caused to them.

Advocate Nidhi Jha answered
Hi, what you need to do is send a point by point reply to the notice supporting yourself. Make sure you quote all mails/letters you have received from the customer or customs department. Do make sure you write the correct facts and have enough proof to substantiate what you have written.

Q: Legal procedure to seek urgent hearing under pending SLP.

How to seek urgent hearing under pending SLP (CRL) ?

Advocate Nidhi Jha answered
You can seek an urgent hearing under SLP (CRL) by mentioning it. It will have to be mentioned before the Bench it is listed before. Since they are large number of matters, it will be taken upon seniority. But in case the matter is very urgent, it can be mentioned.

Q: Procedure to get child's custody by husband as wife wants divorce

My son and his wife have strained relations. Now she wants to go to her fathers home with her two kids and later have divorce. Can she take the kids away from his father at this stage. We are Hindu.

Advocate Nidhi Jha answered
Yes, she can take the children away. Generally, law permits the mother to keep the child for various reasons. Until and unless, eventually, you are able to prove that she is not a good or worthy guardian for the children, until then, she will keep the children. At best, you can file for custody and while the matter is going on, ask for visitation rights.