Advocate Nishesh Gupta

Questions Answered by Advocate Nishesh Gupta

Q: Procedure to file for divorce in christian religion

Married in 2/2010. Christian marriage in delhi. Living separate since 7/2010. No child. All reconciliation steps by me on social level failed. He refuses to live together. Now no contact of any kind. No known whereabouts. Badly treated. He said he will never grant me divorce. Stayed quiet due to social & fmly pressures. My life is destroyed. Need a way out. Pls help

Advocate Nishesh Gupta answered
You should immediately file for a divorce in the family Court under the special marriage act and even if you don't know about the whereabouts, you can get ex parte divorce decree.Kindly contact personally for more details, thank you

Q: Execution to be filed after obtaining the decree against tenant

Respected Sir/Madam In my case I had won the case against my tenant .In the judgement I had got a degree against tenant . I want to know from the date of degree how much time does we have on our part to file an execution against the tenant in terms of law.In judgement 15 days are given to the tenant for disposing his bussiness from the date of degree.Can tenant has right to go to the high court directly against the whole judgement without going to session Court.

Advocate Nishesh Gupta answered
If it was a case under the DRC act then you can't file for execution till 6 months and this would be written in the decree also if you would read it, and best course for you to follow here is to file a CAVEAT petition in the High Court

Q: Procedure to make an appeal in High Court

What is the procedure to make an appeal in High Court

Advocate Nishesh Gupta answered
It is an extremely vague and open ended question. It varies and depends on the nature of the matter appealed from i.e. Whether it is civil or criminal. You being a litigant/client should not be concerned with the procedure etc as it is for the lawyers to see

Q: Alimony & child custody rights in case of mutual divorce

I would like to file for a divorce on mutual understanding with my husband. We had a court marriage in 2002 in Delhi under Section 13 of the Special Marriage Act, 1954. I am Christian and my husband is Hindu. I am a housewife and we have only one child. I would like to know about my rights and the alimony and custody. Thank you.

Advocate Nishesh Gupta answered
Hello, you can very well file for a divorce by mutual consent under section 28 of the special marriage act and you can get the custody and alimony also but for that the facts of your case has to be studied and understood. But as you and your husband are going for a mutual divorce you both can very well agree on the custody and alimony amount and submit that agreement along with the divorce petition in the court

Q: Legal remedies if I am unable to pay my rent

I am Tenant with registered agreement with court in delhi with lock in period 12 month for commercial Shop but in 7th month i am loss i spent my entire life saving now i am not able to pay rent and shop also vacant and I want to give keys to landlord but landlord want to recieved the key he said key will received in court he filled case on me for not paying rent please suggest what i can do

Advocate Nishesh Gupta answered
Hello, as far as i could understand your query it is regarding early termination of lease for which you are having a registered lease deed. There must be a clause in the lease deed wherein a stipulation must've been there for early termination by sending a notice to the tenant/landlord, but the problem with your case is that you are having a clause of LOCK IN PERIOD in your lease deed which mandates you to pay the rent of the whole 12 months, what you can do is send him a notice before 3 months of the completion of the lock in period i.e in the 9th month or immediately send him the notice of your intention to terminate the lease deed at the end of 12 months lock in period so that at the end of the 12th month you're no longer liable to pay the rent and can move out peacefully, but regarding the rent for these 5 months which remains of the lock in period , as per law you'll have to pay the rent to him for these 5 months whether you use the property or not. i can give you Further advice and find loop holes only after going through the lease deed .