Advocate Vikash Kumar

Questions Answered by Advocate Vikash Kumar

Q: Hindus I want to apply for divorce on cruelty and desertion grounds

Myself and my wife have been living separately since more than 2 years. We are Hindus. I am thinking to file a case for Divorce on the grounds of cruelty and desertion. Does my wife need to agree in order for court to grant divorce?

Advocate Vikash Kumar answered
you can institute a suit for divorce on the grounds of cruelty and desertion. Any how if you are able to prove these grounds in the court then the court order is final and binding on both parties. but you have not assigned the real reason why and what ground your wife has deserted you and nature of cruelty.

Q: What can I do in case of Non payment of rent (commercial property)

I rented my shop in Delhi on follow terms on 01/01/2017 for 11months & agreement is attested through nottery. (1) Monthly rent-5k in advance before 5th of month. (2) mode of payment acceptable-ana through bank transfer into my a/c (3) Both parties can come out agreement with 30days notice. (4) If both parties wanted to extend after 11month then 10% increase in rent. (5) If tenant will occupy property without landlord consent after eleven months then he has to pay 1k extra every day These are the main points. How my tenant not even a single time paid on time and I have to run behind him for rent every month. He paid in cash and never transferred to my a/c. When he paid rent I gave him a payment receipt on white paper (which includes date of payment and for which month it is, I signed on the slip and also tenant signed on all those slips) But now he has not paid even for July/2017. I sent him couple of messages but he is not responding. I have following questions:- How strong my case is

Advocate Vikash Kumar answered
as per your case, first, you need to send a Legal Notice regarding termination of tenancy, arrears of rent and seeking vacant possession of the property. if he vacates the premises within stipulated time period than its good otherwise you have to file a suit for possession, arrears of rent and mesne profits if required.

Q: Filed an FIR which is now in court but I am no more in the country

Hello, looking for some help. I filed an FIR for harassment at work place in Delhi in 2013 and after a while I left Delhi and then left India post my marriage. Recently in my fathers home in Jharkhand Delhi court has sent summons to be present. My parents insisted that I am not married and don't live there or in the country still the delhi police man forcefully gave that summon and got it signed. Me being in Foreign wrote a letter to Delhi court that I can't attend the court date in person but can be available in video call or email and also mentioned court can take a final call as feel good but that letter reached 1 day after the hearing date due to Indian post office's error. And now I have a bailable warrant with 20K and the case status is showing Put up on 08.01.2018 for purpose fixed. What on the earth can I do now, I can't go back to India and I have written this in details to the court, on top of that the MM has changed. Can someone kindly advise, will be grateful. Thanks, RJ

Advocate Vikash Kumar answered
As per your version, you had lodged a complaint about harassment at work place in 2013. Court only summon to the complainant or witness when the charge sheet has been filed against the accused to prove the allegation made in the complaint. Now, as you are not in Delhi nor in India, and summon is already served to you through your parents in Jharkhand, hence the court has issued BW against you to appear in person. Now next date of hearing is 08.01.2018, hence meanwhile you can cancel your Bailable Warrants through an Advocate or attorney on your behalf and also moved an application for recording your evidence via video conferencing as you are unable to come in India.

Q: How to get stay on possession order by the court in favor of the bank

I M TENANT IN THE PREMISES IN THE MORTGAGED PROPERTY AND BANK FIXES POSSESSION NOTICE ON BUILDING AND CMM COURT PASS ORDER TO TAKE POSSESSION. I M TENANT BEFORE THE BANK LOAN BUT THE LANDLADY IS MY MOTHER IS THERE ANY CHANCE TO STAY ON POSSESSION ORDER OF THE BANK.

Advocate Vikash Kumar answered
you can get the stay from the court order, but it requires to go through your legal and genuine claim that you are not aware about the mortgaged property and you living bonafidely. to establish your bonafide claim, need a personal meeting... i cannot disclose our defence right now without any meeting with you.

Q: Is it legal to send a package of Belsomra from USA to Russia?

I'm going to send a hypnotic Belsomra (Suvorexant) to my friend in Russia. I live in Seattle. Belsomra is a controlled substance (Schedule-IV). I have a prescription for my name. My friend has a prescription for his name. I've checked, and it's legal with regards to Russian law. But it's unclear for me with regard to USA laws. - Is it legal? If not, what is the punishment? Is it a fine or arrest? - Should I declare the hypnotic? And what is the legal liability for not declaring? - Should I attach the prescription?

Advocate Vikash Kumar answered
U.S. Food and Drug Administration (FDA) has approved BELSOMRA® (suvorexant) for adults with insomnia who have difficulty falling asleep and/or staying asleep. now in these circumstances as in you, you have to attach the prescription of yours as well as your's friend living in Russia. it is matter in your interest to declare your items...