Advocate Prateek Kapil

Questions Answered by Advocate Prateek Kapil

Q: How to proceed for divorce as husband is torturing the wife

Hello I want to know how to proceed for divorce as my husband is not living with me from 4 months and I got married on 24 November 2017 my in-laws r also not good they mentally torture me

Advocate Prateek Kapil answered
You can file divorce case only after one year of your marriage. However it would be better for you to file a case with Mahila helpline for criminal against your husband and in laws if you are being tortured by them for dowry. Moreover you can have maintenance from your husband if you are not working.

Q: How to recover money from friend when cheque bounced

My friend had borrowed 18 lacs frm me since my mother sold house for 35 lacs ..we gave him this amt at different times ..now its been more then 1.5 years.but he gave cheque of 18 lacs wch got bounced..policenot lodging FIR of 420 .plz guide how to procees .notice for same has already been sent. What should we do now?

Advocate Prateek Kapil answered
If notice has already been served and there is no reply from your frn side, you should not delay in filing the case in the competent jurisdiction court as you only have one month time after the date of serving the notice.

Q: Flat allotted to me but possession and registration done by someone

I was allotted a flat in a project. But the possession of my allotted flat is given to someone else without my consent. Further the other person has immediately completed the registration of the flat. Builder realizing its mistake, is now offering me some other flat which I don't like. This project took 10 long years to complete and second my genuine allotment was given to someone else. In such case what should I do. Is there anyway that the mistake committed by Builder (knowingly or unknowingly I don't know) could be rectified by cancelling the registration? Is it possible legally and if yes how and how long I have to wait for the verdict. I have all the allotment papers with me. Also what do you suggest for me - Shall I take possession of the other flat offered by builder immediately and then file complaint against them. Or shall I file complaint first and don't take any possession of unknown float? What are the other legal options to get back my desired flat?

Advocate Prateek Kapil answered
once registration work is done with, you have less chances to succeed against a bonafied purchaser. But you can certainly file a complaint with consumer court against the builder for not providing the services as per the agreement Signed and for deficiency in services.

Q: Commission want to cancle the exam in doubt basis

Hello sir I passed JE exam in uttarakhand in Feb 2018, but because of some doubt on a coaching center court stay on that exam and ask for report from commission and in july commission submit report and report says its still doubt that there may be a problem in process but they don't have any proof but commission want to cancle that exam and reexam again but its totally unfair with pass candidates like me. What should we do now?

Advocate Prateek Kapil answered
The first thing i like to know from you is that whether there was any paper leak, if yes, then stay on appointments is justified. But if that is not the case and the doubts on coaching centre as you specify, doesn't have any role in conducting the exam, then you may challenge the stay by moving vacate application along with a writ of mandamus for your appointment. There might be some facts that you have missed to mention. So my advice is limited to your query only.