Advocate Shantanu Awasthi

Questions Answered by Advocate Shantanu Awasthi

Q: What action can be taken against transportation deptt

Hi sir, I had booked my car for transfer from X to Y which was supposed to reach in a week . Now it has been 4 weeks and there is no sign of my car moreover, the owner of the transport is ignoring my calls and doesnot respond to my any message. What can i do in this case as i. Really pissed off with my car not being delivered and fear something else might have happened. I am feeling helpless sir, what can i do now? I am in Y now.

Advocate Shantanu Awasthi answered
Dear Sir/ma'am,The present is a clear cut case of defeciency in service by the service provider covered under section 2 of the consumer protection act. You can ask for return of merchandise in car and return of monies given as advance plus compensation/damages + criminal proceedings and under contract act. But first you must send them a legal notice via a competent advocate asking for all these urgently. Thanks

Q: Person changed the name during the pendency of the case in court

What happens to court cases of the person who has changed his name?. Will the name on the case be updated or remains as the same old.? what happens when the case is closed and after that the person changes his name? Will it be updated? When someone searches with his new name , will they be able to find the case registered with the old name?

Advocate Shantanu Awasthi answered
The decree might become inductous if the name is not updated as it would already be in name of wrong person. It may also be a ground for rejection of plaint. Though it is not a defect that is very relevant and might go to the root of the case.

Q: Clarification on legal action against life partner for cheating

Can I file a legal case against my live in partner who on the pretext of love slept with me for a year and also kept hiding the fact that he was already engaged prior to meeting one another?And now mistreated and left me

Advocate Shantanu Awasthi answered
Yes. Live in relations have been recognized as equivalent to real marriage in some cases by the court. Apart from seeking punishment for your partner, you can also seek mantainance and various other remedies against your partner.

Q: Cancellation of registration certificate of marriage at Arya samaj

Dear Sir/Madam, I got married to  on 4 April 2016 at Arya Samaj Mandir Trust and registered the same marriage on 13 April 2016 and received the marriage certificate then attested with MEA Delhi. With this marriage certificate I applied for Italy Visa for my wife which is now rejected by the Italian Embassy of Delhi and the reason they gave that the place where our marriage was solemnized i.e. Arya Samaj Mandir Trust, is not a temple but a trust duly it is invalid and according to that my marriage certificate is also invalid. Is there any provision that I can cancel the registration of my marriage certificate without divorce, so we can marry again and register that marriage as per the requirement of Italian Embassy? Or what can we do, any suggestion? Thank you

Advocate Shantanu Awasthi answered
Dear Sir/Ma'am, From the facts elucidated by you, it seems you have not got a marriage certificate issued by the government of Delhi as envisaged in the Hindu Marriage Act, 1956. You may have got the Arya Samaj certificate attested by MEA, which is not equivalent to a valid marriage certificate. But, as the present facts seem to incomplete/vague, I am not adequately equipped to answer all your queries at the present moment. You may contact for further details/clarifications.Thanks

Q: Legality of foreign documents in India if not how to legalize it

What is the legality of foreign document in india.If not then what we have to do to legalise the document?

Advocate Shantanu Awasthi answered
Depends on what type of document it is. Accordingly, the relevant provison of indian evidence act will apply. Part 4 of the indian evidence act deals worh various types of documents their presumption under indian law and their admissability also.You may contact for more details.