Advocate Siddharth Rajendra Gaikwad

Questions Answered by Advocate Siddharth Rajendra Gaikwad

Q: How can i stop my husband to stop sellingour flat which is in his name

Hi, I am Shaila Bantaur, was a resident of Nashik since from 1998-2011. We purchased a flat in the year 2002 and more than 60% of the payment i made while bying the flat , but the registration was done by his name. Since he was not taking our responsibility i was finding it difficult to stay with him . So i left that house for doing my doctoral education. After that i got a job in new city. So didn't feel like going back the same city again. Now, without my knowledge he is selling the flat. How can i stop this transaction. The original sale deed copy is with me. We have to do this whole process within a 2-4 days. Can you help me in this matter.

Advocate Siddharth Rajendra Gaikwad answered
U have both options u can file injunction suit against you're husband in nashik or u can file domestic violence case against you're husband in both proceedings you can get injunction to restore you're husband to sell that flate

Q: I want a Divorce. What are my legal options ?

My wife left me with children last two years so I want divorced him give me suggestions

Advocate Siddharth Rajendra Gaikwad answered
If you're Hindu than you can file divorce petition u/s 13(1ia&ib) of Hindu marriage act on ground of desertion and cruelty.if you're Christian then Indian divorce act under section 10(1iv) u can also file divorce petition

Q: During pending divorce petition husband married second time what to do

during divorce petition my husband married second time.what should I do now?

Advocate Siddharth Rajendra Gaikwad answered
If you that you're husband 2 time during marriage proceedings then you have option to file criminal proceedings against you're husband and second wife of you're husband u/s 494 of ipc. But for this proceedings you have to collect all the evidence regarding that second marriage

Q: Person not returning money what to do

I GAVE FRIENDLY LOAN TO INDIVIDUALOF RS TWO LACS BY CHEQE. NOW CHEQUE GIVEN IN REPAYMENT BOUNCED HE PAID INTEREST FOR 30 DAYSONLY FOR ANOTHER 98 DAYS HE HAS NOT PAID INTEREST NOW HIS ADVOCATE SAYS YOU DONT HAVE MONEY LENDING LICENSE HENCE YOU HAVE NO RIGHT UNDER CHEQUE BOUNCING PL ADVICE WHETHER LAWYEAR IS RIGHT IF YES WHAT IS REMEDY AND MY DEFENCE

Advocate Siddharth Rajendra Gaikwad answered
You can file cheque bouncing case against you're friends.but in that case you don't disclose that you received 30 days interest.its others party defense that he gave u interest let them Prove in evidence at primary sarge I gave you suggestions that send demand notice through you're advocate of contening cheque amount

Q: Marriage with married Girl (Hindu)

I am getting marriage with that girl who are married before one year by forcibly her parents and we getting marriage in court on 1st of April in Court and receiving marriage certificate from court now her parent made complaint in Police station what to do ? We are Hindu and she staying with her parents home from last 1year

Advocate Siddharth Rajendra Gaikwad answered
As per section 5 of Hindu marriage act there is conditions lays down by the act for marriage.sec 5 sub clause says that neither party has spouse living at the time of marriage.before you getting married to that girl that girl has to take divorce from that boy.now as per you're situation her husband or girls parents file criminal complaint against you u/s 494 of ipc.and you're second marriage is null and void as per act.try to get amicable solution in this matter