Advocate Ravindra Charndas Zamre

Questions Answered by Advocate Ravindra Charndas Zamre

Q: Want to apply for the divorce third time

Meri Shadi 20 saal pahle bhiwani me hui this,tab m 17 saal se bhi kum Ki thi,mere 3 bche h Jo Abhi may 2017 se Bhiwani me Apne papa K paas h,m Mumbai me 20 mhine se rah rhi hu..mne 2009 AUR 2016 me bhi divorce file Kiya tha Bhiwani court se,mgr usne respond nhi Kiya,ab m 3rd time fir se divorce file karna chahti hu Mumbai se..mujhe Kya karna chahiye ???

Advocate Ravindra Charndas Zamre answered
Yes, you can file fresh petition for divorce on the grounds provided by section 13 of Hindu Marriage Act, 1955. But before filling the fresh petition carefully gone through the orders or judgement passed by the Bhiwani Court in your previous cases filed in the year 2009 and 2016. If you want to file the divorce petition Under Section 13(1) (i-b) on the ground of desertion, then you have to wait some month and after lapse of two years you can file divorce petition on said ground. Further you can file an application Under Section 24 of Hindu Marriage Act, 1955 for Maintenance pendente lite and expenses of proceedings if you are eligible. further you can file separate litigation for custody of children. hope u will satisfied. thanking you...!

Q: Legal action against the builder who delayed possession of property

Hi ,My Flat possession was suppose to be given on June 2016 ,however builder delayed the possession by 1.5 year,now the last check the bank delayed the last payment so now builder is asking to pay the penalty for delayed payment. how to solve this should i file a case against them?

Advocate Ravindra Charndas Zamre answered
Yes you can file the petition and prayed for damages for delay in giving possession. Section 3(2)(f) of The Maharastra Ownership Flats (Regulation of The Promotion of Construction, Sale, Management and Transfer) Act, 1963 Section 3(2)(f) clearly state that “Specify in writing the date by which possession of the flat is to be handed over (and he shall hand over such possession accordingly). If the builder assured you in writing, then it is his obligation to handover the possession accordingly. In the case of M/s. Paranjape Construction Co. Vs. Nilesh Ram Marathe, 2001 BHCCO 42056 the Hon'ble Bombay High Court held that, "Builders delayed the possession as also failed to do and therefore the same would constitute deficiency in servise." In this case further the Bombay High Court held that, " Section 14(1)(d) of Consumer Protection Act, empowers Forum and provides for the payment of such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the apposite party, (extracted from the section itself). The word ‘compensation’ means anything given to make things equivalent, a thing given to or make amends for loss and remuneration or pay. “The word ‘compensation’ is again on very wide connotation. It has not been defined in the Act, According to dictionary it means, “compensating or being compensated; thing given as recompense.” ‘In legal sense it may constitute actual’ loss or expected loss and may extend to physical, mental or even emotional suffering, insult or injury or loss. The Commission or the Forum in the Act is thus entitled to award not only value of the goods or services but also to compensate a consumer for injustice suffered by him. considering the view of the Bombay High you have no need to pay the penalty. you can file litigation for damages for delay in given possession of flat. I thing this is sufficient to satisfied you. Thanking you...!