Advocate Suresh Kumar Yadav

Questions Answered by Advocate Suresh Kumar Yadav

Q: How to claim compensation in accident case

My car taken by son friend and met with accident total loss car damaged.His friend gives an affidavit that he shall bear the damage and repair. His father now says you take loan and I have to pay it instalment to him.I am at loss what do I do.My car. Is 2017 ciaz model and is on loan can I legally claim the loss and damages so that he replaces my car which he is not willing to do.

Advocate Suresh Kumar Yadav answered
Yes you can claim compensation legally from insurance company. But the condition is that your car was fully insured during the time of accident. If your car was fully insured during the time of accident then you can definitely claim compensation through court by filling case against insurance company. MACT case will be file against concerned insurance company.

Q: On grounds of which mental cruelties can wife file for divorce

What are mental cruality acts of a husband on which a wife can take divorce. Does she have to prof them in court.

Advocate Suresh Kumar Yadav answered
According to Section 13(i) (a) of the Hindu Marriage Act, 1955, a mental cruelty is broadly defined as that moment when either party causes mental pain, agony of suffering of such a magnitude that it severs the bond between the wife and husband and as a result of which it becomes impossible for the party who has suffered to live with the other party.The question of mental cruelty has to be considered in the light of the norms of marital ties of the particular society to which the parties belong, their social values, status and environment in which they live. What constitute a mental cruelty?The conduct of the concerned party should be grave and substantial and it must be much more serious than the ordinary wear and tear of daily life.A mental cruelty can vary depending upon different matrimonial cases so it is impossible to have a uniform standard to go by. Some instances illustrative of what defines mental cruelty as described by the Supreme Court of India (SC) are enumerated here.On consideration of complete matrimonial life of the parties, acute mental pain, agony and suffering as would not make it possible for the parties to live with each other, could come within the broad parameters of mental cruelty;On a comprehensive appraisal of the entire matrimonial life of the parties involved, it becomes abundantly clear that a situation is such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with other party;Mere coldness or lack of affection cannot amount to cruelty however frequent rudeness of language, petulance of manner, indifference and neglect may reach such a degree that it makes the married life for the other spouse absolutely intolerable;Mental cruelty is a state of mind - The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of the other over a long period of time may lead to mental cruelty;An unrelenting course of abusive and humiliating treatment calculated to torture, discommode or render miserable the life of one spouse;Sustained unjustifiable conduct and behaviour of one spouse actually affecting physical and mental health of the other spouse - The treatment complained of and the resultant danger or apprehension must be very grave, substantial and weighty;Sustained reprehensible conduct, studied neglect, indifference or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic pleasure can also amount to mental cruelty;The conduct must be much more than jealousy, selfishness, possessiveness, which causes unhappiness and dissatisfaction. Emotional upset may not be a valid ground for granting a divorce on the grounds of mental cruelty;Mere trivial irritations, quarrels, normal wear and tear of the married life which happens in day to day life is also not an adequate for granting a divorce on the grounds of mental cruelty;The married life should be reviewed as a whole and a few isolated instances over a period of years will not amount to cruelty - The ill-conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer. This may amount to mental cruelty;If a husband submits himself for an operation of sterilization without medical reasons and without the consent or knowledge of his wife and similarly, if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty;Unilateral decision of refusal to have intercourse for considerable periods of time without there being any physical incapacity or valid reason may amount to mental cruelty;Unilateral decisions made by either husband or wife after marriage to not have child from the marriage may amount to cruelty;Where there has been a long period of continuous separation, it may fairly be concluded that the matrimonial bond is beyond repair - The marriage becomes a fiction though supported by a legal tie - By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage. On the contrary, it shows scant regard for the feelings and emotions of the parties involved - In such situations, it may lead to mental cruelty.

Q: My wife and in Laws are mentally harassing me and my parents

Dear sir I have married in Nov 2017 in Arya samaz mandir. My parents are not physically fit and my father is suffering from blood Cancer. My wife is having illegal relationship with his mosi's son and wants that I will leave my ailing parents aside. She is threatening me and my parents that she will call the police and lodge a complaint of dowery and mental harassment against us. She is doing a very shouting behaviour for threatening to us. Me and my parents in a very pity situation. Kindly guide me.

Advocate Suresh Kumar Yadav answered
You will have to first collect evidence - true evidence, not created ones. You should go to a police station and state the facts. And give an application on your mother 's name against your wife. You should mention all the true facts in this application. You can then use that to file a case.Make sure you are morally and ethically correct. Dont misuse this provision.

Q: Difference between separation and divorce

i My husband had filled a petition of judicial seperation section 10 of hindu marriage based on cruelty as mentioned in summon. I am living with him at his home with having a baby girl of 1 year. I don't want to give divorce or seperation to him. So Is this easy for him to get seperation through court.?? Also wants tò know that separation and divorce are similar ??

Advocate Suresh Kumar Yadav answered
The main differences between a divorce and a judicial separation are: A divorce legally ends a marriage, but a judicial separation does not. ... You can get a judicial separation at any point, but with a divorce you must wait until you've been married for at least one year.

Q: Disturbance due to repair work being done in society

I am 70 years women residing in a builder society. The society is carrying out repair works of buildings since past one month and it is not made known upto when it will continue. I am unable to tolerate the noise of hammering and drilling machines due to which my health is deteriorating as I do not get sufficient rest. What can be done in this case for immediate action within a day or two.

Advocate Suresh Kumar Yadav answered
First issue notice to the chairman of the society to stop the work in the society, if he respond you positively then no problem, otherwise you will have to approach the court to restrain them by filing Suit for Injunction.