Advocate Nikhil Karwal

Questions Answered by Advocate Nikhil Karwal (25+ answers)

Q: What happens if wife has online Dr consultation after physical abuse

What happens if wife has only online doctor consultation (medical) like practo.com after physical abuse by husband and her father and brother are witnesses. Husband never allowed her to step out after physical fights and with two minor sons (1 and 7 years old) she couldn't to see a doctor. What happens in DV and 498A .is it insufficient to prove cruelty, physical abuse.

Advocate Nikhil Karwal answered
The absence of a physical hospital visit or MLC does not by itself weaken or defeat a DV or cruelty case. An online medical consultation, along with the wife’s statement, witnesses, messages, photographs and other surrounding evidence, can be relied upon. If the husband prevented her from going out for treatment, that circumstance can also support her case. The Court will consider the overall evidence and credibility of the allegations.

Q: Written statement filing after several years

In a suit for permanent injunction in a property dispute, two defendants filed their Written Statements and other defendants adopted the Written Statement of the first defendant by filing an ADOPTION MEMO through their counsel. The trial did not start. After 12 years, the other defendants want to withdraw or cancel their ADOPTION MEMO and file their own Written Statement now. Is it allowed? Is it necessary to file an IA seeking permission to file the Written Statement now?

Advocate Nikhil Karwal answered
the defendant can request the Court to withdraw the earlier Adoption Memo and file their own Written Statement, but they cannot do it automatically after 12 years.They should file an IA/application seeking the Court’s permission and explain the reason for the long delay. Since the trial has not started, the Court may allow it if a proper reason is shown and no serious prejudice is caused to the other side.

Q: Taking Property Ownership From Brother

Parents died. 2 brother on the will. One brother ready to take full ownership of own house and ready to pay his amount of same house. We are ready for r deed but how about expenses and I don't want any risk in future so what kind of documents must

Advocate Nikhil Karwal answered
Since both brothers have inherited the property under the Will, one brother can transfer his entire share to the other through a properly drafted and registered Relinquishment/Release Deed. The deed should clearly mention the full and final amount paid and state that the outgoing brother will have no future right, title, interest or claim in the property.Before registration, the Will, death certificates, title documents, legal-heir details, property dues and encumbrances should be verified.

Q: Interim Stay Order under Section 38(8) to freeze loan account status

I took an auto loan of Rs 2,13,722 from IndusInd Bank. Paid all EMIs on time, but within 5 months, the vehicle was destroyed in a fire. I filed a case in Consumer Court. The insurance company paid Rs 2,00,000, and I paid the remaining Rs 13,903. The entire loan stands 100% cleared "UNDER PROTEST". The bank suffered zero loss and earned a profit.As per Clause 1.1 of the agreement, the bank has technical provision for Asset Substitution (amending engine/chassis numbers), which they admitted in writing. However, now the bank is rushing to unilaterally close the loan account to stop hypothecation transfer to my new vehicle.The Hon'ble Judge asked if there is a past precedent for vehicle substitution. Most accident victims are defaulters, so no such precedent exists. Since the bank has provision but is denying it, how can I obtain an Interim Stay Order under Section 38(8) to freeze the account status?

Advocate Nikhil Karwal answered
You may file an application under Section 38(8) of the Consumer Protection Act, 2019 seeking status quo/stay against closure of the loan account until the vehicle-substitution issue is finally decided.Since the loan is fully cleared, the Bank has suffered no loss, and the agreement itself provides for asset substitution, you have a reasonable ground to seek interim protection. An identical past precedent is not compulsory if the contractual clause and facts support the relief.

Q: Contested divorce by Husband for 3 years, now he also wants divorce

Wife filed divorce case 3 years back and husband contested the case. He only filed written counter but not filed any counterclaim. Now the case is in stage of petitioner evidence closed and respondent evidence to start. Now when husband is ready to give divorce, wife is not agreeing for mutual and trying to drag on the case. Now whether in chief examination, can husband file chief saying that he is now willing for divorce and doesn't oppose petition anymore. Will judge accept and grant divorce.

Advocate Nikhil Karwal answered
The husband can tell the Family Court that he does not want to contest the divorce case anymore and that he is ready for divorce. However, simply saying “I am ready for divorce” is not enough for the Court to automatically grant divorce. The Court must still be satisfied that the legal ground taken by the wife in her divorce petition is proved or clearly admitted by the husband. If the husband clearly admits the relevant grounds and does not oppose the petition, the Court may grant divorce without continuing unnecessary evidence and delay.