Advocate Sanjeev Kumar Pandey

Questions Answered by Advocate Sanjeev Kumar Pandey

Q: What to do my girlfriends parents filed a case under POSCO

Sir am 20 years old and my lover 18 years 3 months we are married ,her parents took away her and kept kidnap case and sec 12 of pocso and I came with bail ,sir I want my wife sir what shall I do and I had my marriage certificate and photos plz help me

Advocate Sanjeev Kumar Pandey answered
POCSO or The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was established to protect the children against offences like sexual abuse, sexual harassment and pornography. The Act defines a child as any person below eighteen years of age.So, this act cannot be applied against you because your lover’ age is 18 years and three months, but it should be according to her birth certificate or matric certificate. However, you should consult a good lawyer for your case. You should also note that for marriage registration your age should be 21 years and your girlfriend age should be 18 years. In this case, your age is short of one years. So for the marriage, you should wait for one year.

Q: What legal action against husband who does not want to have a child

I m a hindu married woman. It has been 11 years since our marriage. We don't have a child because of non serious attitude of my husband. He don't want to plan a family.What legal action I can take against him?He is a govt. employee.He has non serious attitude towards other important issues also.

Advocate Sanjeev Kumar Pandey answered
From your points, it is clear that your partner does not want kids, so, you have to look deep within yourself to determine whether or not you would be happy with not having children. After analysing your feelings, you determine that you will only be happy that you do want kids, then it is best to end the relationship and move on to find someone else. In other word, divorce. On the other hand, if you determine that your current partner is more important to you than having kids, and that you can be happy not having them, then your staying in the relationship will be able to continue as is.Your decision should not cause resentment to hasten the end of your relationship. However, with the prevalence of other relationship-ending components, it is a period of deep reflection time, so that you do not ever feel that you chose wrong. Once you give yourself enough time, you’ll know what you need to do. Best of luck!

Q: Where to inquire about OBC certificate

sir i am a resident of delhi holding obc certificate of govt. of nct so my caste is in the state list and the central list also . so can i get admission in du thorigh obc quota by my state certificate

Advocate Sanjeev Kumar Pandey answered
Of course, You can get admission. Because you are holding obc certificate of govt. of nct which is in the state list and the central list also. So, there will be no problem regarding your certificate. Have prepared your all certificate regarding caste and after that it will be easy to get admission.

Q: Clarification on rights of daughter over father's property

M a 26 yr old female. I live with my parents and a younger brother. I was employed with a mnc bank frm past 5yrs recently i have left my job as i wantd to take a break. My father stopped gvng me any pocket money during college time. Ever since i started earning i have been taking care of my expenses. Now my family is forcing me to get married frm past 2 yrs and abuses me verbally & ocassionally my brother has even slapped me. They all verbally abuse me everyday & say that m depressed & will commit suicide and they ask me to go die or just pack my bags and leave. They constantly mentally tortures me .my father even says that i am a prostitute and sleep with other men. My brother also calls me a prostitute. They have been constantly torturing me & pushing me to commit suicide . My father has 2 houses out of which he has legally given one to my brother. My brother says he will throw me out .Yes i am their biological daughter.

Advocate Sanjeev Kumar Pandey answered
In a ruling, the Supreme Court (SC) made it clear that women born before 2005 have equal right on ancestral property. The apex court stated that the Hindu Succession Act 2005 which gives equal rights to daughters on ancestral property, will be applied to all women including those born before the year. The Supreme Court (SC) also added that the amended law of the Hindu Succession Act 2005 stipulated that a daughter would be a “coparcener” (one who shares equally in inheritance of an undivided property) since birth, and have the same rights and liabilities as a son. So, from this ruling of the SC, it is clear that you can claim property right from your father’s property. Also, you must be confident about yourself and take any step properly. Firstly, you should take a job, so that you can become independent once again. In frustration, do not take any foolish step. Best of luck!

Q: Legal advice on credit card unpaid payment in UAE

Dear sir this is amanullah from tamilnadu. I have worked in abu Dhabi last 4 years. Now due to some family situation I can't go to back UAE. Also I have loan amount 8 lakh and 4 credit cards limit 9 LAKHS. I didn't pay amount and bank send lot of reminders to pay the money. I am in India now. If anything problem will arise against to this case the result will be arrest in my home country? If yes tell me the suggestion to clear the case issue as soon as possible. Thank you

Advocate Sanjeev Kumar Pandey answered
You can pay the amount from India also. They can impose some extra interest. Then, there is a way which is known as settlement. You should communicate with the bank to find a solution. Definitely, they will provide you some solution. And there is no chance to get arrested. However, you should show sincerity to pay the loan amount.