Advocate Shivankar Mehrotra

Questions Answered by Advocate Shivankar Mehrotra

Q: Child custody and alimony after divorce on ground of cruelty

Hi, I have been married over the last 6 years, have a baby boy also ( 4 years old). Want to take a divorce from my husband, because of his cruel behavior, bad habits( alcoholic, gambling, irresponsible father.) He is working in an MNC and have a good income but, not paying as much to me and even not respects for me and always have an ego. I am not working anywhere but wanna take a divorce from my husband. In this case, shall I get the custody of my child and also get some monthly money and divorce. What is the procedures to apply in this case?

Advocate Shivankar Mehrotra answered
Hi.. As per your situation you can file a complaint regarding your husband in the CAW cell mentioning all the details and the grievances you have. Also you can ask for maintenance from your husband by filing a suit for maintenance under Sec 125 or CrPC in the competent court. Further, you can file a suit for divorce in order to get divorce from your husband.

Q: Remedies for deficiency in service by the builder

Project is in ghaziabad. Flat 755 sq ft for Rs 18.85 lakhs (95% payment already done) Booked in 2012. Recently builder has sent letter of intimation of offer of possession but has not raised the final demand. Orally was putting pressure to buy open parking. Project is delayed by over 3.5 years. Builder without prior approval increased the asuper area of flat by 37 sq feet. Builder ready to pay 5rs/sq feet late possession charges but not interest. What should i do..

Advocate Shivankar Mehrotra answered
Hi Sir, You can individually file a suit in the State Consumer Forum for the refund back of your amount or in case if there are more people with the same issue as you have, then you all can collectively file a suit in the National Consumer Forum under Sec 12 1(c) of the Consumer act, for the refund back of your amount along with the interest compounding to be 18% p. a. A suit can be filed in the National Consumer Forum if the value of the subject matter is more than 1 cr.

Q: Remedies for delay in possession of Flat

Sir, I have booked a flat in 2012. Possession date as per the builder buyer agreement is 2013. However, to date, I have not got the possession of the flat. I have already paid 95 % amount to the builder. Now I want the refund of the paid amount along with interest. What should I do now? Please guide.

Advocate Shivankar Mehrotra answered
Hi Sir, As per your grievances you can file a complaint regarding the builder in the consumer court. If the value of your flat is less than 20 lakhs then you’ll have to file a complaint in the District Consumer Forum or if the value of your flat is more than 20 lakhs and less than 1 Cr. Then you’ll file your complaint in State consumer forum or if the value appears to be more than 1 cr then you’ll have to file a complaint in NCDRC. You can claim your amount paid to the builder along with the interest by approaching the respective courts in which jurisdiction you fall.

Q: What to do my brothers are not giving my share

My father and mother have passed away we are total 5members iam 3rd daughter and rest are brothers my father has a property his will is equally share to all after he passed away it was regestired on all members it's combined property now but my brother's are not giving my part in that property they are not showing the document to me but it was registered on all 5 members when my father passed away if I ask them that are saying that they will sell the document to pan barrower or take money from pan brokers on this property they are not ready to share it at any cost so what should I do how can I take my share they are keeping the document s with them please help me

Advocate Shivankar Mehrotra answered
Hi.. In order to get your share in the subject property you can file a suit for Permanent Injunction in the court along with an application Under Order 39 Rule (1) and (2) CPC. By doing this you can ask the court to put a stay to your property and this will also restrain them to create a third party interest. After this a suit for Partition can also be filed so that you can pray the court for your share in the subject property.

Q: Running of hookah bar in my locality how to stop it

There is one hookah bar in my locality and due to which the smoke comes to my home also and we have complained to delhi police and mcd also but they doing nothing then one day it get sealed by mcd in the sealing drive on January 2018 and now I think they have broken the lock and seal and now it's open again now I want to shut it down as soon as possible I want to know the procedure to do it and also want to know the fees of lawyer if I need one and also I want my name identity address everything secret because I don't know who they are and what they might do if they know someone has done complaint against them the complaint I done to delhi police is about the parking issue and the smoke come to my house issue but they just talked to them and go and I have done complaint to sdmc on the toll free number

Advocate Shivankar Mehrotra answered
Hi.. First of all you need to tell me the locality where this all is taking place if you want any sort of help from me. Also there are two ways by which you can get rid of your problem, the first one is through court and the second one is outside the court. Make up your mind and then you can anytime come back to me. Have a nice day