Advocate Priyanka Bhagat

Questions Answered by Advocate Priyanka Bhagat

Q: Procedure to file for divorce in marriage done by Arya samaj mandir

Actually i married a girl in arya smj mandir and took her away to my home at once then after 25 days her parents came to. My home and the took her away i have tried to call her and family as well many times but they blocked all the number and after sometime she denied to live with me three months passed she never called me again even not tried to call me. Now i m listening many affairs of her with another guy so what is the process of divorce in this case? I m too much frustrated.

Advocate Priyanka Bhagat answered
You can file case for divorce on the ground of desertion in Family court. It is time taking processThere are chances that there could be mutual settlement if girl agrees to it. It will take 6month to finally get the divorce if it’s mutual.

Q: Procedure for divorce as wife cheated and filed for section 498A.

I want to divorce my wife ceated me And he did case aginst me 498a

Advocate Priyanka Bhagat answered
Hi. You can go for mutual divorce if your wife agrees and you can offer her certain lump sum amount.Otherwise divorce petition on the ground of cruelty and adultery.First option is better and convenient if ur wife agrees

Q: Legal remedy against cheque bounce and to recover money

Sir, From Dec'2016 to Aug'2017, my friend took a total amount of Rs.60,000/- for his personal need. I have transactions of 30,000/- shown in my bank acc. which goes directly to his bank and paytm and rest 30,000 in cash. I've given all my money from my credit card and he promises to pay with interest. On Aug'2017, he gave me a cheque of 60,000/- which was a bounce but I didn't take any actions against him on personal request and then same happened with 6,000/- check after 1 month. At last, I send a legal notice of check bounce of Rs. 1,40,000/- on 13th Dec'17. Now need to know, is there any drawback or loopholes which he can use to escape or he get easily rid of from this situation. I just want my Money!!

Advocate Priyanka Bhagat answered
Legal Notice to be sent within one month from the date of returning memo and if it is delayed then u may face difficultyIt’s better that you go for summary procedure which is a civil remedy in order to avoid any technicality under section 138 NI Act

Q: Clarification on eviction of tenant from flat

I wants to Vacant my rent out flat. which has given a rent on october 2017 with proper rent agreement . is it necessary to send legal notice?

Advocate Priyanka Bhagat answered
Yes 15 days notice is mandatory in case of residential premises provided rent is above 3500/-.However in case notice is not given then service of summons will also be considered as proper notice.It’s better to serve notice as in that case there are chances of settlement even before filing suit and in that case you save litigation expenses

Q: Wants to take action for torture against son and his wife

(HINDU)mera 1beta or 3 betiya h ,meri 2 betiyo or mere ladke ki shadi ho chuki h . meri 1 beti abhi unmarried hai or mere sath hi rehti h , mere beta or bahu bhi mere sath hi ghar pr rehte h , lekin mera beta or bahu mujhse alaag khana bnate h or mujhe or meri beti ko paresaan krte h or hme khana bhi ni dete or woh chahte h ki mai apni property unke naam kr du ...agar maine apni property unke naam krdi toh woh hme ghar se bahar nikal denge or fir mai meri beti ki shadi bhi ni kr paugi. woh log roj mujhe or meri beti ko galiya dete h or kabhi kabhi hmare upar hath bhi utha dete h or ulta hme dhamki dete h. mera ladka apni biwi se kehta h ki apna sir fod lo or police ko phone kr do ki inlogo ne mujhe maara h. sir mai chahti hu ki mera beta or bahu or unke bache mere ghar se chale jaye mai unhe apne ghar pr ni rakhna chahti...jis ghar mai hum rehte h woh ghar mere pati ne liya tha or unhi k naam tha lekin last month woh expire ho gye the.ab mai apne bete or bahu k sath ni rehna chahti.

Advocate Priyanka Bhagat answered
Madam u can file suit for eviction against ur son and daughter-in-law and simultaneously suit for domestic violence against both of them in order to restrain them from harassing u. You can even claim maintenance from your son.