Advocate Surbhi Saxena

Questions Answered by Advocate Surbhi Saxena

Q: How can any wife claim for child custody and divorce compensation

My friend got married 13 yrs back she faced domestic violence many times ,due 2 which her In and out entry was most of the time in her parents house now after 13 yrs she and her 7 yr son is at her parents house from past 10 months so if she files a case of divorce with a child custody is she liable to get security money for her child and for her as well ?

Advocate Surbhi Saxena answered
Sir, Your friend and her child has a right to maintenance from the husband. She can file a maintenance petition along with divorce petition to get the best relief. For further discussion, kindly contact with complete details.

Q: Loan repayment how to get money back

I had lent a sum of 12.5 lakh rupees to a person on goodwill against cheque without supporting agreement. The person had passed time till the cheque got lapsed. Now he is asking me to do whatever I want to reclaim the money. I want to take my money back. How can I get the money back legally.

Advocate Surbhi Saxena answered
In such a case, you have a remedy under civil law. You can file a civil suit for recovery of money against the person claiming the whole amount along with an interest on it, provided you can prove your solvency to give this amount of loan.For further discussion, share complete details for effective remedy.

Q: Harassment by son and daughter in law, what can be done?

My age 58 y m ek vidva hu . mere bete bahu bahut tang krte h marte pidte h. police m complend krne PR bahu ne hi mujhe PR dahej or mansik utpidna ka cas dal dia h . vo ye sab meri property k liye kr rahi h . batao m kya karu .plz help me

Advocate Surbhi Saxena answered
You can file a suit for permanent and mandatory injunction for removing your son and daughter-in-law from the property. Now under Delhi Maintenance and protection of parents and senior citizen act, you can file a complaint with Deputy Commissioner against the son for ill-treatment, to which a notice will be issued to the son and if reason is unsatisfactory, it will lead to eviction.You are also entitled for maintenance from your son under S.125 of Cr.p.c.Since your daughter-in-law has filed a complaint against you, please discuss with detailed facts for further opinion.

Q: Clarification on ground fro divorce

In how many years a marriage can dissolve on it's own if the married couples are not staying under one roof?And what are the chances of divorce then and how much time will it take? Wife is on process to renounce the world. But she is not agreeing for divorce. What can be the easiest way to file for divorce ?

Advocate Surbhi Saxena answered
Under the circumstances stated, there are two grounds available for filling a divorce petition under HMA:1. Minimum of two years of separation between husband and wife immediately before the filling of the petition, or2. spouse has renounced the world.You will have to file a divorce petition in the Family court of the place where the jurisdiction lies. Or You can file divorce by mutual consent as it is the easiest and less time consuming for divorce, but since your wife is not agreeing for divorce, then you will have to file divorce petition only. Please provide complete details for any further discussion.

Q: How to claim compensation for time loss and mental frustration?

- Bought HP Laptop in Nov, 2016 with 1 Yr Warranty - As per Product Specification on HP Website, this laptop has to be a "Touch Screen". - I also queried HP Customer Care before buying, regarding "If RAM of this Laptop can be upgraded to 4GB", for which they replied affirmative. - On receiving Laptop - I found that there is no Touch Screen and also RAM of this laptop could not be upgraded. - I registered my complaint with HP Customer Care and followed up several times. - After dragging Issue for close to 3 months, HP agreed to refund billed amount. - However I have lost so many days in follow up and could not use this Laptop as per intended usage. - I have already registered this case with National Consumer Helpline and sent formal "Final reminder letter to HP" Please suggest my eligibility of compensation as I Do NOT consider resolution (of only Refund of billed amount) as FAIR and SATISFACTORY as it fails to compensate me for time loss and mental frustration.

Advocate Surbhi Saxena answered
Sir,You can claim refund of your money plus the compensation for the mental agony faced by filling a complaint under consumer protection act in District Forum/State Commission depending upon the amount of the claim. Please provide us with complete details so that you can get relief at the earliest.