Advocate Rohan B Randive

Questions Answered by Advocate Rohan B Randive (25+ answers)

Q: What is the fastest process to claim and recover money

I have constructed a property under, signed agreement and contract ( oct 17) of totavalue Rs.3640000/- with one man under my company.As per the clause that man was supposed to give 50 % on confirmation of order.But he cheated me by giving me false assurance & till completion of 90 % of work,he gave me Rs.2000000/-only. and when 10 % work was balance, he removed me without any intimation from the site & got the work completed with another contractor.Also the material kept at site was also used by him without my consent,which was laid by me to complete the work. as I am in debt of 10 lakh rs.,Complaint done to Police was of waste,as nothing has been done as polic treated as the civil complaint. Now i have moved to civil court to recover my balance money,what can be done further so that the money can be recovered fast, because this was intentional , cheating ,breach of trust done by him. Please suggest to get me the loss recovered fast?

Advocate Rohan B Randive answered
Considering your urgency filing a Summary Civil Suit for recovery of the said amount is the fastest option available. Under the provisions of Summary suit you can expedite the matter and relief is fast available compared to other civil suits. However, as you have mentioned that you have already moved the civil court, I hope it's by way of a Summary Suit.

Q: Clarification regarding filing of Domestic Violence case

Should I submit all the proofs while filing dv along with statement or should I submit the proofs at the evidence stage? Will the respondent know what all documents i have submitted as proof while filing dv?

Advocate Rohan B Randive answered
While filing your Domestic Violence petition you can file only the necessary Documents which will help in establishing your primary case and obtaining the first orders and interim orders regarding Maintenance. Remaining documents can be filed during the Evidence stage.

Q: Can a flat be given on a basis of rental agreement without NOC

Can I Do Rental agreement without Hsg Society N.O.C. Hsg Soc.M/C Not allowing single lady to stay. I want togive.my flat to a lady on Rental for 12 month. Pls. Advise

Advocate Rohan B Randive answered
There is no statutory provision which compels you to take the No Objection Certificate from the society for registering a Leave and License agreement. You can definitely register a rent agreement in the Sub registrars Office on presenting relevant documents.

Q: File for divorce on the grounds of wife cheating and threatening

I got married Jul2017. my spouse is close to her cousin Mamaji and said there is nothing wrong. I cudn't take home on rent due to time so I wish to stay together with bhai/bhabhi for some time and she got ready. I went to honeymoon in April, 2018. there I got to know that my spouce was talking to her Mamaji so frequently everyday for so long and sharing each and every small thing with him e.g. how we (me and my wife) had relation, Mamaji was sending her nude/porn video, photograph on WhatsApp). I got to know from her mobile phone all conversation happen between her and Mamaji. They are in touch continuously and she is reacting like that there is nothing. When I collect proof based on that I called her Mom, Sister, Brother and My Aunt to disclose all her activities. When She found guilty at that time she got ready to leave my home but I stopped but now threatening to my family and want live separately. I cant tolerate her doming nature, behave. I want divorce. guide me

Advocate Rohan B Randive answered
Considering the facts shared you can file for divorce on the grounds of Adultery if you have relevant evidence. The Divorce Petition can be filed in Family Court or Civil court (considering factors like place of marriage or lastly resided together etc) under the requisite provisions of Law.

Q: How to file for divorce when husband is against it

I am suffering day by day. I wanted to give divorce to my husband but he is not ready to give a green signal. As tired him in many possible way that he could divorce me by mutual understanding but unfoturenately he never talk about it when i do he abuse me hit me dominat me He is irresponsible He doesnt love me Always dominating Caught browsing shemal dating sites He Alcoholic A smokers Not a one good quality How would i live with this man its unbearable My mum even she is not helping me as it was a love marriage What to do?

Advocate Rohan B Randive answered
You can file a Divorce Petition on the grounds of cruelty. You do not need his consent for filing this petition. Many releifs are available to you for e.g. Monthly Maintenance to sustain, separate residence etc.