Advocate Rishabh Dua

Questions Answered by Advocate Rishabh Dua (25+ answers)

Q: When to file WS reply to RCR petition from wife?

My wife filed RCR on 29-05-19, the court notice / summon did not reach me somehow and first date got passed. I received the summon on 10-08-2018, filed vakalat-nama on 09-09-19 and the next date now is 04-11-19.My question is when does it become absolutely mandatory for me to submit the WS reply to my wife's petition? I understand that it is a 90 day time frame but not sure from when? Can I somehow postpone it further and till how long? Another important query is - my wife filed the petition from her hometown where we never stayed nor the marriage took place there, so its out of courts jurisdiction to hear the petition there, How can I ask the court to dismiss the case?I read online that people have postponed proceedings to even 12-18 months without appearing in court even once. How is this manageable?

Advocate Rishabh Dua answered
The petition filed by your wife for restitution of conjugal rights, the reply is to be filed within 90 days from the reciept of the Plaint that would've been delivered to you alongwith the summons. However, you can practice various dilly dallying tricks, like the entire copy of the plaint hasn't been provided, change your counsel on every date (not literally) just the vakalatnama, take adjournment on account of sickness etc., And you will be able to delay the matter for a long enough time if your counsel is smart enough to play. Secondly, Yes, on the basis of non maintainability of the Plaint due to lack of territorial jurisdiction you can file a Transfer Petition before the same court and Your wife will be at liberty to file the same before the court of competent Jurisdiction.

Q: Building Maintenance forcing to close office on festive holiday

The building we are operating from, has said that the building will be closed on 8 October (Dussehra), 28 October (Govardhan Puja), 29 October (Bhai Duj) and we cannot operate our office on these days. In our office, we have floater leaves policies, as people are from different backgrounds. So team members avail leaves as per their religious festivals and all was fine until last year. This year the building management has changed and the new manager is adamant that we cannot work. 1. Can they force companies to shut down on these days?2. What can we do in this situation legally as if we have to close, as it will affect our business?

Advocate Rishabh Dua answered
It is not legally viable to force you to shut down your office but in order to figure out the best feasible solution, certain information will be required, such as1. Are you tenanted or you own the place? 2. The building by-laws and the agreement between you and the building. The idea floater leave policy is relatively new and Western and the management would not be supportive of same. In my view, after having read the by laws, if there's nothing specifically written, send them a Legal Notice. If the problem is still not resolved we can approach the appropriate court

Q: Where File Quashing Of Wrong F. I. R U/s 482 Crpc High Crt Or Session

Police registered wrong f. I. R on me. Under section 323,325,506,34 i. P. C... Dated - 08/03/2017 .. And date 08/03/2017 i was admit in pgi Chandigarh for treatment. I have all evidences.. Please tell to me.... What can i do now for quashing of f. I. R..??? Where I file quashing of f. I. R petition under section 482 c. R. Pc high court or session court ????

Advocate Rishabh Dua answered
The case registered against you is of causing grevious hurt, criminal intimidation and criminal conspiracy. However, the FIR has been registered co-jointly against you and others. If you have a strong alibi and evidences supporting the fact that you were not present at the time of the incident you can get the FIR quashed against you. You'll have to approach the Hon'Ble High Court u/s 482CrPC pleading the same. We will be able to strategise for you only when we see the documents relied upon and can approach the Court as soon as possible. Also, whenever that there's a date before the lower court, please do not miss it and get your presence marked as it will show your bona fide.

Q: Crowd gathering and shouting ( abusing ) demanding for money.

A group of people in our colony demands money from others forcefully 6000/year for protection and security guard. I'm a tenant and various others like me refuses to pay..... so that group aggregates at our door and forcefully demands the money and create a scene by abusing and threatening.the group comprising of landlords

Advocate Rishabh Dua answered
Nobody can ask money from you forcefully. You should immediately file a police complaint in your local police station as police is for your protection. If you need assistance for filing a police complaint, you can get in touch with me.

Q: Love marriage other cast..............................

Pls suggest me best option Court marriage or Aaya Samaj Mandir.How to get benefits other cast marriage.

Advocate Rishabh Dua answered
Since you are both from different castes, it is advisable for u to get a court marriage done under the special marriage act provided the girl is 18 years old and the boy is 21 years old. For any further clarifications/ assistance you can get in touch with me.