Advocate Nitish Bhardwaj

Questions Answered by Advocate Nitish Bhardwaj

Q: Divorce - Unregistered marriage

It will be 5yrs this coming December since I have been married to my husband. We got married in Arya samaj Mandir and have the certificate for the same. However due to various reasons we could not get the marriage registered. It has become impossible for me to live with my husband who is dominating and manipulative and we have been living off my salary even though he earns . Hence I am contemplating divorce. What is the procedure and what are my rights?

Advocate Nitish Bhardwaj answered
you can still file divorce on basis of that certificateif its contested or amicable mutualits you wishcourt doesnt see marriage registration certificatethere is no rule regarding this.its just a matter of record

Q: Liability for a Vehicle Sold Under Superdari

I sold a vehicle with a notarised Vehicle Sales Agreement under Superdari (which states that the Buyer is responsible for the vehicle in all respects)in a car accident case. He has issued a signed Delivery Note stating that he is liable for all issues pertaining to the vehicle. After acquittal I sent the RC to the buyer with signed transfer forms requesting him to transfer the vehicle in his name. Despite reminders he has not complied. Who is liable in case of an accident or other matters such as fines for driving without insurance or other traffic violations - the Buyer or me?

Advocate Nitish Bhardwaj answered
he will be liable for that as he has executed an agrementafter agreement you will not be liable for amythingbut if the agreememt was executed after accident then you will be liable.he will be liable for all fines

Q: Cheque bounce with remarks : Stopped by drawer

My landlord refunded my rent advance at the time of my leaving the premises through a cheque. I deposited this cheque after a month and it came back unpaid with the reason : Payment stopped by drawer . Now he is neither picking up my phone nor replying to my calls . He has never intimated me also about any issue / reason for this step . What are the options available with me ?

Advocate Nitish Bhardwaj answered
you can file a case under section 138 of negiotiable instruments actaccused will be summoned and will have to pay the said amountits your right to file a litigation against the said dishonoured cheque

Q: Traffic Violations: Verification for Government Exams

I wanted to ask about the nature of traffic violations. If the police stops you and issue a challan and you pay it there and then, will it show up in police verification or affect in government exam police verification? Also, sometimes a court challan is issued where you appear before a magistrate and pay the court the fine and get your suspended documents back. In that case will it show up in police verification and affect government job admission?

Advocate Nitish Bhardwaj answered
being a petty offencetraffic violation wont affect verification by policethere will be no objection raisedwhen an FIR gets lodged, then only it will create problem in verificationelse no problemeven getting back suspended documents wont affect it

Q: Need help on divorce case for terms and conditions

Hi,I am a 34 year old woman seeking divorce from my husand.We have been married for 10 years and have a 2.5 year old son.Both of us are IT professionals earning more or less the same salary.We have a flat which we bought for 48 lakhs but we haven't got possession yet.My husand is primary owner and I am secondary. Both of us have contributed in that flat and some of the amount around 7-8 Lacs was given by my spouse's father.I want mutual divorce so want guidance around what terms I should keep to secure the future of my child.A. How can I secure my child's future ? School,hospital,graduation expensesB. Meeting Time-We are living separately now but he comes every alternate day to meet our son for 2-3 hours, takes him out alone. I am worried about the security and health of my child and also the child gets disturbed.C. Suppose I leave the job to take care of child or due to illness how is my child's future secured.D. Flat which is in both our name and his father paid some amount.

Advocate Nitish Bhardwaj answered
in mutual divorce you can make terns and condition for childs future regarding his health schooling etc, fix a meeting time every week or every month for your husband with your childchilds future will be secured by deciding a certain amount for childtake amount you paid for the flat back