Advocate Nischay Nehra

Questions Answered by Advocate Nischay Nehra (25+ answers)

Q: Wife blackmailing husband, acted of taking poison.

1 year of marriage, the wife has been a troublemaker. Caught talking long hours to someone and later accepted of having extramarital affair with someone. She falsely called her parents after that the husband's family is being cruel to her. Now the wife has gone to her parents but blackmails the husband that she will make false allegations and bring down family's reputation. Now how to avoid the wife coming back to husband's house and file for divorce before wife as she may file false allegations

Advocate Nischay Nehra answered
In the given situation, the husband can consider filing a divorce petition on the grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The allegations of extramarital affair, false accusations, and threats of defamation may amount to mental cruelty. To prevent the wife from returning and making further allegations, the husband can also file an application for an injunction before the competent family court, restraining her from entering the matrimonial home citing apprehension of false cases and mental harassment. It is advisable to gather evidence such as messages, recordings, or witnesses that substantiate the threats or false claims. Additionally, the husband may send a legal notice stating his intent to file for divorce and warning against defamation or misuse of legal provisions. Consulting a matrimonial lawyer to draft and file the petition at the earliest is recommended to secure your legal position.

Q: Pension salary using, is there issue

My grandfather was dead in last December and I will be getting and I am getting the pension salary and I am using it every month, will there be an issue.

Advocate Nischay Nehra answered
If your grandfather passed away last December and his death has not been reported to the pension department, continuing to receive and use his pension may amount to pension fraud. Pension benefits legally cease upon the death of the pensioner unless a family pension is claimed by an eligible legal heir, such as the spouse or dependent children. You should immediately notify the authorities and apply for family pension if eligible. Continuing to use the pension knowingly after his death could lead to legal consequences, including recovery of the amount and possible criminal liability.

Q: hOW MUCH TIME IT WILL TAKE FOR CONTESTED DIVORCE

RECENTLY I HAVE FILED FOR DIVORCE AND I AM NOT ASKING FOR ANYTHING EXCEPT SEPARATION, ON THE GROUNDS OF CRUELTY. WHAT IS THE FEES FOR A LAWYER IN GHAZIABAD FOR DIVORCE CASE WHEN WIFE IS NOT ASKING FOR MAINTENANCE OR ALIMONY, HUSBAND IS IN ARMY AND I AM PURSUING PHD AND HOW MUCH TIME IT WILL TAKE FOR COMPLETE SEPARATION. HUSBAND SOMETIMES SAYS FOR MUTUAL, SOMETIMES NOT.

Advocate Nischay Nehra answered
Since you have filed for divorce on grounds of cruelty under Section 13 of the Hindu Marriage Act, and are not seeking alimony or maintenance, the process will follow the contested divorce route unless both parties agree for mutual consent. A contested divorce may take 2–4 years depending on the court's schedule and cooperation from the husband. Mutual consent divorce is faster—usually 6 months to 1 year. As for lawyer fees in Ghaziabad, it varies between ₹25,000 to ₹1,00,000+ depending on experience and case complexity. Since your husband’s stance on mutual consent is unclear, it’s advisable to try for settlement first. If not feasible, proceed with contested hearings. You can also request expeditious hearings citing your PhD commitments. For detailed strategy and representation, you may connect further.

Q: PROBABLE DAMAGE BY TECHNICIAN HANDLING MY MOBILE - NO RESPONSE

I GAVE MY MOBILE FOR REPAIR AT AUTHORIZED SERVICE CENTER, AFTER REPAIRING SAID PROBLEM THEY POINTED OTHER ISSUE , WHICH WAS NO THERE BEFORE. I ASKED THEM IF THEY HAVE DONE A PRE REPAIR DIAGNOSTIC - THEY TOLD NO, WE HAVE RUN POST REPAIR DIAGNOSTICS AFTER REPLACING THE PART FOR WHICH I WANTED THEIR HELP. I IMMEDIATELY ESCALATED TO COMPANY THE SAME, THERE IS NO PROPER RESPONSE FROM COMPANY OR SERVICE CENTER. HOW TO PROCEED, DOES REGISTERING & RAISING A GREVIEANCE ON NATIONAL CONSUMER FORUM HELP??

Advocate Nischay Nehra answered
Your case involves a clear instance of deficiency in service under the Consumer Protection Act, 2019. The authorized service center, by not conducting a pre-repair diagnostic and subsequently pointing out a new issue that did not exist earlier, has failed in its duty to provide proper and transparent service. Moreover, their failure to respond appropriately to your concerns, even after escalation to the company, further strengthens your claim.You may first lodge a formal grievance on the National Consumer Helpline, which facilitates resolution through mediation. If the issue remains unresolved, you have the legal right to approach the District Consumer Disputes Redressal Commission having jurisdiction over your area. You can seek remedies such as refund, repair or replacement of the defective product, compensation for financial loss, and mental agony caused due to the negligent act of the service provider.Ensure you retain all documentary evidence such as job sheets, invoices, service request numbers, and communication records, as they will support your complaint.For further professional assistance in filing or drafting the complaint, I may be contacted.

Q: Want to know possible ways for first Cousin marriage to be accepted le

Hello sir/ma'am,This is from my friend who wanted to ask a legal question confidentially."I belong to the Kushwaha caste (Hindu, North India). I love my cousin — she is my father's sister's daughter. We are both adults, fully consenting, and have been emotionally close for years.I want to know:1. Is there any way we can legally get married in India, either under Hindu Marriage Act or Special Marriage Act?2. Are there any court precedents, exceptions, or customs that allow this in our caste?"

Advocate Nischay Nehra answered
Under Hindu Marriage Act, 1955, marriage between “sapinda” relatives or those within prohibited degrees of relationship is barred, unless there is a valid custom permitting such a union. As per Section 5(v) and 3(g) of the Act, your cousin—being your father's sister’s daughter—is a prohibited relationship unless a recognized local/customary practice among Kushwahas allows it.The Special Marriage Act places all first cousins (e.g., father's brother's daughter, mother's sister's son, etc.) in the category of prohibited marital relationships. however, if there's a well-established custom in the community of at least one of the parties that specifically allows for first cousin marriages, then the marriage might be permitted under the Special Marriage Act. However, proving such a custom can be challenging.For further legal advice, I can be contacted