Advocate Rajiv Mehta

Questions Answered by Advocate Rajiv Mehta

Q: Regarding a case filed by former mother in law for child custody

I got widowed after 2 years of marriage. My husband was only son of his parents. I had a 5 month old baby. My mother in law & father in law became more and more abusive towards me. With little to no support from my maternal family I still stayed with my in-laws for the sake of my child. When he was two year I remarried in another state. My in-laws took all istri dhan & made me sign several papers. I started my fresh married life with my husband who is very supportive & I have one son from my new marriage. My earlier son is with his grandparents as they wanted to keep him at all cost. In last one year I have never, spoken, scene or met my first child. Now my crooked former mother in law has (surely) sent a civil case notice demanding adoption rights perhaps, though I have not received it yet. Should I or my husband receive it or avoid it as we don't want to go to 1000 km away town to fight a futile case. We don't want custody or anything. What else they win ex-party. Please explain.

Advocate Rajiv Mehta answered
From your query as of now you have not received any document /notice and you are not sure whether it is notice sent by advocate or court .Depending on what you receive,for which there is no harm in accepting the same ,if you feel that your former inlaws are physically and financially capable of keeping the child and you have no objection to your child staying with them ,you can send written consent affidavit ,depending on what and from where you get notice , You can reply by stating that you have no objection to the adoption and if the same serves the purpose and no other formality by going to other State where your former inlaws are staying ,,your part of consent will be complete and it will be better for the interest of your child also.Depending on what you receive ,you can consult a local lawyer also to ascertain ,what should you do in the circumstances .

Q: Wife left 3 months old child now coming back for the custody

wife left 3 month child before 4 month, now asking for custody, pl hlp relegion hindu

Advocate Rajiv Mehta answered
Custody of child of up to 5 years of age is given to mother .Even the custody of children above that age is normally given to the mother .In view of same if the wife is asking for custody of child of about 3 months ,it would be appropriate for you to hand over the custody of the child to the mother.In case she has filed /files application for custody of child in Court ,it will be difficult for you to defend, as your chances of getting custody are very remote .Only in exceptional circumstances where the mother is staying alone and is working and in her absence there is no body from her family to look after the child and you and your family have lady members to take care of the child as compared to mother and her family ,there is very small chance of denying the custody of child to mother .

Q: Legal Notice due to cheque bounce of loan repayment

Dear Sir/Ma'am, I have received legal notice against of my unsecured loan I have paid 3 emi out of 6, But last 3 emi didn't paid. due to family expense and my medical expense. they sent me legal notice to pay amount. notice period date not mention and also lender company name is not mention on the legal notice, is it valid legal notice. what should I do Please suggest me.

Advocate Rajiv Mehta answered
In case you have given post dated cheques for your EMI and the cheques have been presented and returned unpaid ,the notice must have been sent by the drawee.You can reply to the notice and inform about the problem and also visit the drawee of cheques and try to take some time for making payment by giving fresh cheques ,if same is acceptable to drawee.Otherwise the drawee may file complaint against you for dishonoured cheques and you will have to spend money on litigation in defending you in court .

Q: Husband forcing to end all relation with maternal family

Mere husband ne 26 december 2017 se mujhe meri mummy k ghar chhudwa rakha hai aur ye condition rakhi hui hai k agar mere sath ghar basana chahti hai to tujhe apne gharwalo se sambhand khtm krne hoge nhi to apni ma k ghar hi rah jbki meri 10 months ki beti hai.meri marriage court se 6 august 2015 ko aur samajik reeti riwajo se 23 November 2015 ko hui thi. We r of same religion Hindu. What should I do taki main apna ghar basa saku aur gharwalo se sambhand b na khtm kru. Mere ghar me bs meri mummy aur chhota bhai hai.father last year hi expire hue hai. We r not financially strong enough.

Advocate Rajiv Mehta answered
Apke husband ki condition jayaj nahi. hai.Agar aapko lagta hai ki uski baat maan kar apka marriage theek tarah se chal sakta hai to aap kuch samay . apni mother and brother ke ghar mat jao.Apke pati ka vichar baad mein badal sakta hai aur aap ek saath rahen.sakte. hai.Otherwise aap apne liye aur child ke liye maintenence ka application. file kariye or Court mein legal aid office ke dwara husband ke khilaf application file karen. Jab husband court mein appear hoga,court apka compromise bhi karva sakta hai.

Q: Is divorced earning daughter liable to maintain mother and sister

Is a divorced daughter who got govt job after her father's death liable to maintain her mother & sister who have definite source of income ?

Advocate Rajiv Mehta answered
The whole purpose of giving compassionate appointment to any family member of deceased is to make sure that the remaining members have some source of income to sustain themselves .As the daughter has got employement because of death of her father,she has obligation to look after mother and sister .