Advocate Tapish Vyas

Questions Answered by Advocate Tapish Vyas

Q: Not paying back the money even after agreeing to do so

One of my friends friend cheated me on pretext of providing a flat in Mumbai. I have paid him a good amount of money. But recently came to know that they are fraud & cheat people this way. I have transferred the money through bank only to their account & have all the records. I have recorded all the calls also where they accept receipt of money and providing a flat. Now they have relocated some unknown place to avoid other people, but available on mobile. When I told them of a legal action they were ready to give my money back, but are constantly delaying. What should be my course of action? I want them to return all my money with interest and also get them behind the bars for causing me lot personal & mental problems.

Advocate Tapish Vyas answered
In case of absence of any documentary evidence and the availability of only the oral recordings, a claim for recovery of the amount or the compensatory damages can still be filed against the defaulting party and the bank account statements as well as other payment related bank receipts or email or electronic records can be used as an incriminating evidence againt the warring party for the repudiation/proof of your claim and in case u wish to have the possession of the impugned flat then u can claim for the possession of the flat also by filing the suit for possession against the defaulting party but do remember that there is an limitation of 3 years for filing the suit for recovery of amount or seeking compensatory damages which can be calculated from the date of cause of action arisen on account of last tortitious liability which the defaulting party owed to you. Hence, in order to initiate the same i recommend you to first send a notice mentioning your claim therein to the defaulting party at the first instance.

Q: Can my divorce petition be amended to add maintenance?

Dear Sir / Madam, I am a Roman catholic lady seeking divorce from my husband on grounds of cruelty.I have been married for 26 years I have filed for divorce at Family court Bandra. When i filed my petition I had filed for just divorce without asking for Alimony or property share of jointly owned property. I wish to add it to my divorce petition now. I have just started with counselling. Is it possible to add it now as an amendment or any other way. I want it to be added in the divorce case itself not as a seperate case. Please advise Regards,

Advocate Tapish Vyas answered
Yes, you can claim maintenance or the monthly maintenance charges apart from the main petition filed for divorce as it is the legally and boundent duty of the husband to mantain his wife or children and the things being the same, you can file an seperate application for claiming monthly maintenance charges aprt from the permanent alimony which have an rightful claim thereto. Hence, i suggest you first to send an notice under the section 80 C of CPC through the Counsel (Advocate) to claim the monthly maintenance as well as permanent alimony in case of an eventual divorce decree.