Advocate Saurabh Maheshwari

Questions Answered by Advocate Saurabh Maheshwari

Q: Falsely got married to a minor want to file for divorce

meri saadi ek minor girl se hui thi, girl ke mother & father ne nahi btaya ki wo minor hai. mai saadi ke 2nd day se hi ghar chhord diya or aaj tak ghar se dur hi hu. meri saadi 03/03/2013 me hui thi, ab uske ghar wale kah rahe h larki ko le jao, warna hum case krege, but i want divorce. koi ground ban sakta h kya jiske according mujhe divorce mil ske..? plzzxz

Advocate Saurabh Maheshwari answered
Dear SirI am of the opinion that the age of the girl was kept a secret from you and as such, you may approach the nearest police station to lodge an FIR against the parents and apply before the family court. Although, the marriage with a minor is void ab initio that is nulity in itself but we need to get things done in systematic way. hence, approach the police station now and apply to the family court for divorce on ground that the marriage made was with minor and it is not valid in the eyes of the law.

Q: Construction on the property stayed by the court

in land dispute stay order has been granted by the Court, and out of many party (23) one party doing the construction activity, neither police nor any party objecting but when I start construction one party objecting and called the police to bound me not to any construction activity. what should i do please guide me.

Advocate Saurabh Maheshwari answered
SirAnything done contrary to court’s order is called contempt of court under The Contempt of Courts Act. I am of the opinion that you should move application/petition before the same court which has granted you stay. Initiate for contempt proceedings. You may approach the court after giving a notice for contempt to the parties voiding the court order. I would further opine that you may not donanything contrary to court order.Regards

Q: How to get divorce or judicial separation from wife?

I am a person of 33.I got married before 3 years. My wife is a government servant and she lives at her father's home because her posting is there. I do a private job. I have a daughter of 1 year I and my wife both live separately due to our services. To live separate is not a matter the matter is this that she doesn't care of my matters and issues. She married with me only to show the world that she has a husband and she is not a bachelor. She doesn't take care even of my mother. She and her mother ever demand money from me. She goes anywhere in any function of our society whether I am invited or not. I am a private employee and she is a government servant but yet I don't have any financial help from her. I feel that I don't have any existence in this world and I am a valueless man. So I want to take divorce from her and please inform me that can I get divorce from her ? Or Can I get the legal separation from her for a short period like 1 or 2 years ? Thank you.

Advocate Saurabh Maheshwari answered
In the backdrop of the facts as expressed by you, first of all the law in India does not provide for any such separation for 1 or 2 years or any as such. In good faith of the child, I suggest it is not good to go for divorce. Rather, have talk and mediation with your spouse and consider the future of your child first before making any move. At the later stage, law will always be available.

Q: What to do when builder demands extra charges before giving possession

Builder has served offer of possession letter wherein he has demanded charges for enhanced super area of flat. How the area has increased, he is not giving me any document or completion certificate . Besides, he is asking for making 80% cost of the flat before he gets it registered.

Advocate Saurabh Maheshwari answered
Is there any clause in your contract with the builder which specifies any such cost? If yes, then you may approach the builder and talk over it.If not, then approach the builder andascertain as to on what basis he is asking for it.