Advocate Salim Javed

Questions Answered by Advocate Salim Javed (25+ answers)

Q: Evidence Required For Annulment Of Marriage Under The Following Ground

This lady is an orphan,her relatives fixed her marriage,they never shared photo or detail of the groom with her,neither she was allowed to meet the groom in person or allowed to talk over phone, neither her relatives asked for her consent for the marriage. She was ordered to get married. She saw her groom for the first time on the wedding day. The lady has decided to file for Annulment of this marriage under these grounds, what are the evidences she will need to produce before the court ?

Advocate Salim Javed answered
To annul the marriage on the grounds of force and lack of consent, she needs to show the court that she was forced into it and never agreed to it freely. First, she should submit a written statement (an affidavit) describing step-by-step how her relatives forced her, hid details about the groom, and never asked for her permission. Statements or witness testimony from neighbors, relatives, or guests who know about the pressure and secrecy will also help a lot. Lastly, any phone call records, messages, or chat logs showing that she was kept from talking to the groom or was being forced will serve as strong proof in court.

Q: A person borrowed money from me 5 years ago but did not give yet

A person borrowed money ₹20000 from me 5 years ago but did not give money back . How I recover my money?

Advocate Salim Javed answered
Look, chasing a five-year-old debt is tricky because the law usually gives you only three years to sue. But I'll suggest — check if they've sent you a text, email, or WhatsApp acknowledging they owe you money, or if they made a small partial payment anytime in the last three years, because that resets the legal clock. If you have that proof (or bank receipts), have a local lawyer shoot them a formal legal notice demanding your money back in 15 days, which usually scares people into paying. If they still ignore it, you can take them to court with a civil recovery suit.

Q: Can anyone suggest me anything regarding what to do plzz

This is my second marriage my husband is abusive physically and mentally I can't say it to my parents because they are not listening his parents are full of green and my husband support them I am getting mentally exhausted I dnt know what to do .. I lost my dad mom is a patient so can't say much to family husband is harassing I don't do job please help me I am pregnant also he is shouting at me in pregnancy also

Advocate Salim Javed answered
I understand you are in a deeply distressing situation, facing physical and mental abuse from your husband, and with limited familial support, especially given your mother's health and your pregnancy. Firstly, your marital status (second marriage) does not diminish your rights under the law. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is comprehensive and applies to all women in a domestic relationship, irrespective of whether it's their first or second marriage. This Act defines domestic violence broadly to include physical, sexual, verbal, emotional, and economic abuse.Given that you are not employed and are pregnant, these factors significantly strengthen your need for immediate protection and financial support. The PWDVA specifically allows for various reliefs, including: * Protection Orders: To prevent your husband from committing further acts of violence, or even from entering certain areas. * Residence Orders: To secure your right to reside in the shared household or to secure an alternative safe residence. * Monetary Relief: To cover expenses incurred due to the violence, loss of earnings, medical expenses, and even for the maintenance of yourself and your unborn child. * Custody Orders: While your child is yet to be born, future custody arrangements can also be addressed under this Act.Additionally, the Indian Penal Code (IPC) contains provisions, such as Section 498A, which specifically addresses cruelty by a husband or his relatives. This is a criminal offense, and reporting it can lead to police action.. To understand the precise legal steps you can take, and to explore all available remedies and support, it is crucial to have a detailed discussion about your specific circumstances.I urge you to schedule an immediate consultation. During this meeting, we can discuss the incidents of abuse, gather necessary details, and formulate a strategy to ensure your protection and secure your legal rights.

Q: Working wife can get maintenance or not?

Can working wife get maintenance from husband? Currently Husband in hand salary is 30000 more than a wife ,can she still get maintenance any reference of such case?

Advocate Salim Javed answered
The question of whether a working wife can claim maintenance from her husband, especially when there's an income disparity, is a frequently encountered one. Indian law, under various statutes such as the Hindu Marriage Act, 1955, the Protection of Women from Domestic Violence Act, 2005, and Section 125 of the Criminal Procedure Code, 1973, provides for maintenance to a wife.It's a common misunderstanding that employment automatically disentitles a wife to maintenance. This is not necessarily true. Courts across India, including the Supreme Court, have consistently held that the objective of maintenance is to prevent destitution and to ensure that the spouse seeking maintenance can maintain a standard of living somewhat commensurate with that enjoyed during the marriage.The fact that your husband's in-hand salary is Rs. 30,000/- more than your wife's is a relevant factor. Courts consider a multitude of aspects, including: * The financial needs of the wife: Even if employed, her income might not be sufficient to meet her reasonable needs or maintain the lifestyle she was accustomed to during the marriage. * The standard of living of both parties: The courts aim to ensure that the wife is not suddenly relegated to a significantly lower standard of living. * The earning capacity and financial status of both spouses: The disparity in income is indeed a key consideration. * Age, health, and educational qualifications of the parties. * Any other reasonable expenses or liabilities.Therefore, while your wife is working, her eligibility for maintenance, and the potential quantum thereof, would depend on a detailed assessment of these and other specific facts of your case. Merely having an income does not automatically negate a claim for maintenance.To properly advise you on your wife's legal position and potential remedies, it would be crucial to examine all relevant financial documents, understand the complete marital history, and discuss the specific circumstances leading to this query. I encourage you to schedule a consultation to explore these matters thoroughly.

Q: How to Cancel power of attorney

I gave power of attorney to someone of my 2 bedroom flat before five years and took 47 lakhs because it was rehabe flat at half market value and he paid that value to government. He lived in this flat which rent was 25000 rs per month.. now I want return that money to him which was decided at time of power of attorney, now he denied to take back that money and forcing me to do registry on his name because market value is 1 crore 10 lalhs rs. So how I can cancel that power of attorney . .

Advocate Salim Javed answered
Under the circumstances you've described, where a Power of Attorney was granted for your two-bedroom flat five years ago in exchange for ₹47 lakhs with the understanding of its eventual return, and the attorney is now refusing to accept the money back while demanding a property registry due to the increased market value, the immediate and critical legal recourse is the unequivocal revocation of the Power of Attorney.The process of revocation necessitates meticulous attention to detail to ensure its legal efficacy. Firstly, a formal Deed of Revocation must be meticulously drafted. This document should explicitly identify you as the Principal and the individual holding the Power of Attorney as the Attorney. It must contain precise details of the original Power of Attorney, including its execution date and registration number, if applicable. The operative clause within this deed must clearly and unequivocally state your intention to revoke all powers conferred upon the Attorney, specifying the effective date of this revocation. Crucially, the Deed of Revocation must be duly signed by you in the presence of at least two credible witnesses, who will also affix their signatures and provide their addresses.Following the drafting and signing, the next indispensable step is the notarization of the Deed of Revocation. Presenting the signed document before a Notary Public, who will verify your identity and witness your signature, lends significant legal weight to the revocation. Furthermore, if the original Power of Attorney was registered with the Sub-Registrar of Assurances, it is paramount to register the Deed of Revocation at the same office. This registration serves as a public record of the cancellation, providing constructive notice to all interested parties and significantly bolstering its legal standing.Beyond these formal legal steps, direct and documented communication with the Attorney is essential. A certified copy of the registered Deed of Revocation should be promptly dispatched to the Attorney via registered post with acknowledgment due, ensuring irrefutable proof of delivery. As an additional layer of protection and to provide widespread notice, it is highly advisable to publish a public notice of the revocation in a widely circulated local newspaper. This proactive measure safeguards against any potential actions the former attorney might attempt to take based on the now-revoked authority.