Advocate Rajiv Mehta

Questions Answered by Advocate Rajiv Mehta (50+ answers)

Q: How can I address illegal construction in DDA flats? Please provide information on the regularisatio

1. A DDA flat has an illegal construction projecting dangerously in front of the entrance to my flat. I have been complaining since 2005 to DDA, MCD, Police, Home Ministry, and Public Grievance, but they are making excuses and not taking any action, citing reasons like lack of police force, claims that it's compoundable, shortage of time, and now the NCT Delhi provisions Act. 2. In response to my RTI, MCD provided me with certified copies stating that the structure is illegal, non-compoundable, and cannot be legalized. 3. Now, the illegal structure has developed cracks, and pebbles fall from it, posing a threat to my life and property. 4. Please help me understand how to get the illegal structure demolished.

Advocate Rajiv Mehta answered
Though you have been complaining about illegal construction at various places but you have not got any relief regarding your problem Now you have got details from MCD that it is unauthorized construction .You can write a fresh complaint and with letter of MCD obtained through RTI and photographs of unaurhorised construction ,youcan send to DDA through Whatsapp which is introduced by DDA for noticing complaints about unauthorised constructions .You will get the details for sending your complaint on DDA website and hopefully your complaint will be considered and action will be taken.

Q: What to do if college is asking to pay remaining years fee for leaving the college ?

I want to seek help regarding a personal decision I had been studying dentistry for 8 months I couldn't cope up with it, so decided to quit. Now here comes a problem there's this bond which we had filled at time of admission because of which were liable to pay whole course fee to the institution if I leave. It is a very big amount to just go like that I mean, I never knew before joining that it will be a mental stress. so why this? Kindly help me . Isn't there anything which can stop this They have my documents and won't give me until given money. No they are not ready to reduce the cost. Is there no solution? how to quit medical college without paying bond amount ? Then what good is right to education? It is a private institution

Advocate Rajiv Mehta answered
As you have given bond and it is a contract between parties and the college may not be able to fill the seat vacated by you because of last date of admission being over ,the college has right to ask for fees as per bond .still you can write to college informing them of your problem for which you have /are discontinuing the course and ask them to return your documents without insisting for enforcing the conditions of bond .You can also write to Dental council /Medical council regarding your problem seeking help and seeking direction to College in getting your documents,back .In case you don't get your documents back ,you will have to file a case in High Court seeking direction to college to return your documents .In some of similar cases Courts have given directions for return of documents without any condition considering the reason for withdrawal from course .In some other cases Courts have directed for return of documents with liberty to College to recover the amount from the candidate as per law.Therefore depending on the reasons for your withdrawal from the Course and other facts and undertaking /bond etc filled by you while taking admission ,the Court will decide about relief claimed by you.

Q: What is the format of appeal against maintenance order?

Dear Sir, my divorce case is filed in Karkardooma Family Court, New Delhi. After 3 counseling sessions, my case has gone through 2 official court sessions. On the latest session, which was on 17th February 2018, the judge passed an interim maintenance verdict requiring me to pay my wife Rs. 50,000 as maintenance. My monthly salary is Rs. 44,000, and I have my own expenses, details of which were attached to the initial petition. My question is, is there any way to appeal against the maintenance order, as I believe the decision could have been different if my lawyer had appeared in court that day? Although the written order has not yet been issued, I am concerned because my lawyer has not been responding to my calls or messages for the past 3-4 days. How can I proceed to appeal against this decision and ensure I receive the written order promptly?

Advocate Rajiv Mehta answered
Both husband and wife are supposed to file details about their income etc in Divorce case ,to enable the Court to decide about maintenance to be given to wife.It appears that your wife is not working and considering the period ,you have been living separately from her and considering ur salary & expenses,the Court has passed an interim order for payment of Rs 50000 in lump sum ,pending decision on monthly maintenence to be decided .You will get the copy of order on making an application to the Court for the same .You can ask ur advocate to obtain the order ,if u can contact him.or give the order to you ,if he has already got it.You can check if the order is available on web site of the Court .But for appeal etc ,you need to have certified order copy which is given after applying for same by you or by your advocate .In case after getting the order you find that the order is for lump sum payment and you have difficulty in paying the money together ,you can file an application in court praying for amount to be paid in instalments.After getting the order u can also file an appeal to the High Court against order ,which will involve further expenses for you and if High Court also finds that your wife has no independent income ,it may not interfere with order passed against you and you will have to pay the amount to your wife.On final decesion of family court for maintenence amount to be paid monthly ,the amount paid by you in lump sum will be deducted and you will have an option to challange the final order of maintenence in High Court ,if the same appears to be excessive considering your monthly income and expenses. You need to give more details in case anything has remain unanswered.

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 .