Advocate Rati Tandon

Questions Answered by Advocate Rati Tandon

Q: Complaint against for friend blackmailing and demanding 10 lacs

i was in relationship back 3 years with a girl we had sex which was our both decission we both were 18+ and then we broke up i dont talk to her from the last 30 months nowe suddenly her brother calls me to meet me and after meeting he beats me and blackmail me to give 10 lahk rupees or they will file a case against me what should i do ?? he was also giving me threats of women cell

Advocate Rati Tandon answered
Hello, You can just file a complaint with the police whosoever jurisdiction you reside in. Don't mention about your past with the girl. just say that you had a healthy relationship but you broke up because of differences. do mention the fact that their brother approached you for 10 lacs and beat you up. good luck!

Q: Remedy in case wife filing for a fake domestic violence case

My wife is supposedly abusing me and family verbally and then instigating me to say something. and after she finishes her abuses silently records my answer(which is obviously in the same language used by her). which I have noticed of lately. and messaging my sister(sister is married) that she is instigating me(husband) to torture her. which gives me a sense she is collecting evidences to provide later. How can I protect myself and my family.. as she is also accusing my mother(who lives seperately) that she too instigates me to harrass her. She is using pressure tactics to make to submit before her all demands and be a puppet to what she says.. She is even not ready to shift from a rented flat(which I cannot afford as of now and want to shift to a flat which is of lower rent , I have to support my parents also financially. I fear If my parents visit me to live with me ,she is hinting that will file false cases of dowry and domestic violence(mental torture, harrassment etc).Pls suggest

Advocate Rati Tandon answered
Hello, First of all, this is quite a common problem that is faced by men. I would suggest you to file complaint with the police in whose jurisdiction you are co-habiting with your wife. Just make sure that you get everything recorded in the complaint. a copy of the complaint shall be given to you free of cost. store it and keep it safe. in case she files a case against you, a copy of the complaint shall come handy as evidence for your apprehension. just for your information, once you get the complaint filed, the police might approach your home asking your wife about the whereabouts and bringing to her notice that a complaint is filed against her. don't be bothered by that, you can still go ahead and get as many complaints as you want filed against her. Thanks

Q: Cancellation of registration certificate of marriage at Arya samaj

Dear Sir/Madam, I got married to  on 4 April 2016 at Arya Samaj Mandir Trust and registered the same marriage on 13 April 2016 and received the marriage certificate then attested with MEA Delhi. With this marriage certificate I applied for Italy Visa for my wife which is now rejected by the Italian Embassy of Delhi and the reason they gave that the place where our marriage was solemnized i.e. Arya Samaj Mandir Trust, is not a temple but a trust duly it is invalid and according to that my marriage certificate is also invalid. Is there any provision that I can cancel the registration of my marriage certificate without divorce, so we can marry again and register that marriage as per the requirement of Italian Embassy? Or what can we do, any suggestion? Thank you

Advocate Rati Tandon answered
Hello, A simple registration of your marriage with the Registrar of whose jurisdiction you have been married is sufficient. You need to apply along with your parents/witnesses before the registrar where the marriage was solemnised. Generally, you are required to apply within one month from the date of marriage but there is a provision to apply within 5 years.

Q: Making franchisee agreement without endangering tenancy rights

i have a shop on rent in new delhi which i want to give to another party without endangering my tenancy rights so i want a frnachise agreement to safe guard my rights.

Advocate Rati Tandon answered
Hello, I am assuming that you do not want to run your own business activity in the rented commercial space and have a profit sharing relation with another person. If that is the case then you can enter into a profit sharing scheme with another party where the management and day to day activities are carried on by another party and you share a mutually decided profit. In order to check if a franchise agreement endangers your tenancy rights or not, we must look into your lease agreement first.