Advocate Preeti Dalal

Questions Answered by Advocate Preeti Dalal (25+ answers)

Q: My husband and my lawyer amit chaudhary of saket courttorturing me

I am writing to seek legal advice regarding serious issues in my marriage. I have been experiencing ongoing mental harassment and distress caused by my wife, which has made it very difficult for me to live peacefully. I have filed 498A case but my lawyer amit chaudhary, saket court has cheated us and make bailable warrant against me with 5000 fine

Advocate Preeti Dalal answered
If you feel your lawyer has not acted properly, you have the right to change your advocate. Regarding the bailable warrant it is usually issued when a person fails to appear before the court. You should immediately appear before the concerned court and comply with the order to avoid further legal action.

Q: Divorce and Gahane related issue

Meri patni mere se talaq lekar Ja Rahi Hai shaadi ke 10-11 mahine bad hi uske shaadi mein humne Jo gahne diye the vah loan lekar banvae the to kya ab us gahano par uska Adhikar hai ya ydi ha to loan ke amount mujhe Bharni hogi ya use bharni hogi

Advocate Preeti Dalal answered
Shaadi me diye gaye gehne aam taur par patni ka haq (stridhan) hote hain, chahe shaadi ke kuch mahine baad hi talaq ho rahi ho. Agar un gehno par loan liya gaya hai to yeh dekha jayega loan kis ke naam par hai. Agar loan husband ke naam par hai to loan bharna husband ki zimmedari hogi. Agar loan wife ke naam par hai to use hi loan bharna padega. Court saare facts dekh kar hi final decision leti hai.

Q: Maintenance for my kids education

Can I get half rent or funds for my kids education instantly from my husband, we are separate, own a house (joint partners) my husband pays the loan and rented it without my knowledge I need atleast half rent or monthly amount to pay for kids school, how to approach without delaying, I earn but not sufficient to take care of all needs of my son and myself. I have filed a maintenance case, but it's taking long, and I have no money.

Advocate Preeti Dalal answered
Yes, you can seek immediate financial relief. As a co-owner, you are entitled to your share of rental income from the jointly owned house, especially if it is rented without your consent. You may file an application for interim maintenance/child expenses and also seek directions for payment of children’s education expenses and a portion of rent as interim relief. Courts can pass urgent orders considering the needs of minor children and financial hardship, even while the main maintenance case is pending.

Q: Husband filed contested divorce; marriage kept secret, no registration

I am a female respondent in a contested divorce case filed by my husband under Section 13(1)(ia) HMA before the Family Court, Gurugram (case filed in Nov 2023). The matter is ongoing.Key facts:Marriage solemnized in December 2021 as per Hindu rites.Marriage was deliberately kept secret by the husband and his family.Marriage was never registered despite repeated requests.There was no continuous cohabitation; Reply has been filed and also request for maintenance interim argument pending

Advocate Preeti Dalal answered
In a petition under Section 13(1)(ia) HMA, the husband must strictly prove cruelty. Mere absence of continuous cohabitation or non-registration of marriage does not amount to cruelty. As the marriage was solemnized as per Hindu rites, it is valid in law. The wife, being legally wedded, is entitled to seek interim maintenance. Pending arguments on maintenance should be decided expeditiously on the basis of income, conduct of parties and lack of financial support to the respondent.

Q: Process of Legal heir certificate in haryana

A application by affixing court fees was given for legal heir certificate in office of tehsildar The legal heirs was verified by numberdar than patwari they given hand written report stamped and signed on back page of that application and than tehsildar have stamped and signed is this the legal heir certificate or they will issue a printout certificate by their own after this process we r asking splcly process in haryana

Advocate Preeti Dalal answered
In Haryana, this is the standard procedure for issuing a Legal Heir Certificate. The application with court fee is submitted along with documents like the death certificate and ID proofs of all heirs. After verification by the Numberdar/Lambardar and Patwari, the Tehsildar either certifies the application or issues a computer-generated Legal Heir Certificate.