Advocate Sahela Begum Barbhuiya

Questions Answered by Advocate Sahela Begum Barbhuiya

Q: Husband threatening to kill baby if wife do not agree for divorce

our marriage is not registered. we are in relationship in past 2 years i have a baby boy. my husband applied for divorce in 05-08-2016 i dont want divorce. we both are state government employees. he blackmailing me to kill my baby if i reject for giving divorce. court given the date of 21-02-2018 ti mediation centre plz help me urgent

Advocate Sahela Begum Barbhuiya answered
Complain about the same to mediator. If your husband don't want to live with you then you have to think seriously about the incompatible issue between you. Meantime for safer side its better to complain about the same to mediator and Mahila Sahaya Vani as your husband should't take any drastic step against you or your child as per his threatening. So think and take a decision law and order is always there to help you.

Q: New car needs repair for engine issue & company denies warranty

Hi, I bought a new grand i10, After first service on the way fora trip the radiator have broken. I was not knowing that and was riding. Slowly the vehicle got stucked. Then i realized the issue. Later the vehicle is towed to hyundai showroom. Now they rejected the warranty. Engine issue is there. they are asking to repair it by own cost. around 1.5 lakhs estimate? Pls help in this situation

Advocate Sahela Begum Barbhuiya answered
Collect all the documents of the vehicle and list of defect or repair required to the vehicle and come to our office. We can file complaint before Consumer Court and ask for the compensation for the deficiency of service. You have a good case you can approach us.

Q: Legality in buying property without occupancy certificate in Bangalore

Could you pls help. Most of builder's in Bengaluru has RERA but they dont have OC or CC, Is it legal to buy this property?? Thanks in advance.

Advocate Sahela Begum Barbhuiya answered
Consult RERA office and complain about the same if you have already purchased. If you are in process of purchasing then insist the builder to get the relevant certificate of occupancy etc : If they comply then you can purchase the same

Q: Legal action against party not responding in cheque bounce cases

Cheque bounce case given st the court after giving notice, but the party not responding, bounce date 30/03/2017,now what to do, please give advice

Advocate Sahela Begum Barbhuiya answered
Once the cheque get bounces you have to send the legal notice first within 30 days for that other side has to answer within 30 days if he denies or doesn't reply means within 15 days you can approach Magistrate Court its over all 75 days procedure. If the party is not responding to the court notice then request for the hand summons from the court and serve the summons through the help of concerned police to the accused.

Q: How to get a divorce from a husband who is very abusive?

Hi, I am married for 2 years now to a divorcee. A lot of details were faked to me at the time of marriage to believe that the fault for my husband's divorce was his first wife. But the actual problem was with my husband's nature. My husband hasn't treated me well at all (beating, abuses, etc) and often sends me off to my parents place. He has no respect for women and is a very irresponsible person. My daughter was born 5 months ago but he hasn't visited us even once. He hasn't taken care of my financial needs right from the beginning and until this point. Instead he forced me into a car loan soon after marriage and hasn't paid any money. What legal steps should i take? I even got to know that he is travelling with his ex wife. If I apply for divorce, Am I eligible for alimony from him without allowing an access to my daughter? Will I get legal support to claim money spent towards marriage expenses and car loan?

Advocate Sahela Begum Barbhuiya answered
hlw...yes u can definitely go for filing for divorce making cruelty bigamy as a ground to get out of the matrimonial bond and still can manage to get maintenance as because husband is legally obliged to maintain his wife and cannot escape of his duty. section 125 of Criminal procedure code speaks about the maintenance of wife ,parents and children irrespective of religion and uniform for all and visitation rights will depend upon the facts and circumstances of the case, And other factors like marriage expense and car loan will be taken in view in deciding the quantum of maintenance. In Sh. Sudhir Diwan VS Smt.Tripta Diwan And Anr 18th feb 2008, The Delhi High court directed the husband to pay Rs 10,000 per month as maintenance to his wife even though she is admittedly working.If we look at the entire gamut of Indian matrimonial law, we will find that the provisions for maintenance are available in following statues in case of Hindu Marriage,First two are uniform for allSection 125 Criminal Procedure Code( Cr.P.C.)Section 20 of Protection of women from Domestic ViolenceSection 18 of Hindu Adoption and Maintenance ActSection 24 of Hindu Marriage ActSection 25 of Hindu Marriage Act