Advocate Rekha Aggarwal

Questions Answered by Advocate Rekha Aggarwal

Q: Want to challenge Gujrat government notification. How to proceed?

Gujrat government has passed a notification for a job opening of a Food Inspector but are asking for a experience of 8 years. But as per the Food securities act, there is no such requirement to be a food inspector. I want to challenge the notification. Can i challenge it?

Advocate Rekha Aggarwal answered
Yes you can challenge it by filing a writ petition under Article 226 of the Constitution of India in the Gujarat High Court. You will have to plead that the requirement of 8 yes experience is violating your fundamental right to earn your livelihood in a legal manner, Also that such a requirement is unconstitutional,without application of mind,ultra vires etc

Q: Wife not wiling to get back and stay with me. What should i do now?

Married in 1st June 2014. Immediately after marriage, the girl left the house and went to Chennai stating that she wanted to go for higher studies. She doesn't want to stay with me. I have tried all means to get her back. But there is no response to get her back. What can i do now?

Advocate Rekha Aggarwal answered
If you are still interested in continuing your married life with her, you have to file a petition in the Family Court under Section 9 of the Hindu Marriage Act 1955 for Restitution of Conjugal Rights. However if you are not interested in continuing the marriage,you will have to file the case under Sec 13 of Hindu Marriage ACT FOR DIVORCE ON GROUND OF MENTAL AND PHYSICAL CRUELTY AND DESERTION.

Q: how to safeguard from harassment of others family?

i did engagement before 1 and 1/2 Year, she and her parents are very cleaver , she had broke my laptop before year . And also theft my office laptop and its data before 2 Months. so i dinied to merry her. yes but now they are torchering mantlly daily

Advocate Rekha Aggarwal answered
You have to file a police complaint of theft and harassment. Nobody can force you to marry her if you are not interested. But for other complaints of theft and torture you have to get FIR registered.Also you can file complaint under Cyber law with CYBER crimes cell if she has stolen data from your computer and is misusing it.

Q: Are documents obtained by RTI valid in the court of law?

1) I have obtained some public documents thru RTI, The Documents has been stamped as "UNDER RTI ACT", Is this documents is valid to submit in consumer forums. 2) What is difference between "Certified Copy" and a document stamped as "UNDER RTI".

Advocate Rekha Aggarwal answered
1.Documents obtaned under RTI Act are very much admissible in consumer court or any other court since they have been issued by a govt /public authority and carry the seal of that department.you can safely file them in any court. 2. A certified copy is supplied by the court. not a public authority

Q: What is the safest solution for divorce? In laws are threatening me.

I'm married in Islamic way on 1-3-15 I'm getting harassed till the first day of marriage now in laws are threatening me to kill me and lodge false complaints to put me in bars can I get a safest solution for me to get divorce without being irked by law by any false claims and any compensation being paid except maintenance. What should i do?

Advocate Rekha Aggarwal answered
if you have got married by islamic law,that is,personal law,you can take unilateral divorce from your spouse under islamic law.you will have to pay maintenance if your law makes it compulsory. however if your inlaws are threatening you ,please file a complaint with police and request for registeration of a FIR