Advocate Vipin Kumar Malhotra

Questions Answered by Advocate Vipin Kumar Malhotra

Q: How to deal with threats of complaint to the police

I had a sex for money arragnement with a girl for last 6 months.... she stayed for few months at my place & then I got her her own flat on rent........ Now we infomed everybody that we are married but we weren't....now she has gotten pregnant and she is trying to blackmail me.... she is not going for abortion... she is asking for lots of money ...she claims that she will file false complaint against me that I promised to marry her & i didnt..... please let me know next steps for me

Advocate Vipin Kumar Malhotra answered
In this case you have invited trouble for yourself because she can put you behind the bars by lodging FIR against you u/s 376 IPCA Any how you can simply say that it was a consent from her side and she presented herself for having Sex with you

Q: How to get my son's custody

i m married on 1 june 2009. since marriage till now i was mentally n physically tortured by my husband n his family. n mainly he is unemployed n wants me to always bring money from my parents. i have two children from this marriage. one son of five n half years n daughter of two n half years. now we are separated. i have filed case against him in women cell also. he has forcibly taken my son with him...i want my son custody from.him.

Advocate Vipin Kumar Malhotra answered
Custody of your son can be taken by you by filing a case under guardians and wards act in the court of law only because primarily it is the right of mother to have custody of child who is of tender age.Rest things will be taken care of by us further on discussions with you once u decide to file case in court of law

Q: Pending salary is not released by the employer

I have joined a company 12th Oct-2016 as a Manager post..when company is not release my nov month salary on time I have resigned from company 15th Dec-16 and company is given me confirmation mail that my salary will be process in F& F but as on date company is not released the same..My monthly salary 62000/- P.m Kindly suggest on this..

Advocate Vipin Kumar Malhotra answered
No company can retain the salary of its employees. You had worked for2 months approx in a company on a monthly salary of rs 62,0000 per month. In case the company is withholding your salary you can contact a good lawyer who will send a legal notice as a first step and I hope that thereafter you will get your salary

Q: I mother of a 12yr old child want the permanant custody what to do

I am divorced mother of a single 12yr old girl child and share joint custody with her father who lives in assam. l am partner in my father's consultancy firm..I am an architect...Also her father is an architect..He has now married to an already divorced lady with a girl child from her previous marriage and now they have their own child also now ...My daughter is studying in hostel in Delhi since 2013...I and her father share her vacations equally....My daughter's childhood has been in assam ...till the age of 7...Her father is now constantly polluting her mind against me that she is living a hostel life because of me...Also he is bearing entire expenses of my daughter and putting in her mind that he can take care of her completely...Also for last 4 major vacations he has kept her completely with him...How can I get sole custody of my child

Advocate Vipin Kumar Malhotra answered
You wish to have sole custody of your daughter. You can get the same only after filing a case under guardians and wards act in court of law only if your daughter wishes to reside with you. It is really surprising as to why you did not share major vacations with your daughter and giving chance to your ex to poison her ears against you

Q: Can my parents transfer ancestral property without my knowledge

Respected madam/ sir, My name is Manish Saxena I did love marriage in 2006. My mother expired 2 years ago. As I is the eldest son in the family having two younger brothers. I didn’t know that my parents evicted me from the ancestral property. But after my mother expired the property was transferred to my younger brother and they get the NOC signed by me as well with proper ID proofs. I have few questions regarding the same matter – 1. If I was already evicted from the ancestral property then why did they ask for my signature with ID proof. 2. Now, can I claim on that property or not. 3. How can I know about their bank account details, nominees and the lump sum property they own? 4. What is the legal way to oppose to sign in the same situation for the remaining property as that was also written to them by my mother in her will. 5. Can my parents’ sale or transfer the ancestral property without my will or knowledge, I want to know that if the will was already written by my mot

Advocate Vipin Kumar Malhotra answered
Dear Manish For claiming right in property u will have to file a partition suit in the court of law which will make u clear about all your queries. 1.at no point of time u were evicted from ur ancesseteral property. For your remaining queries as advised us have to file a partition suit and thereafter u will get ur share and reply to all your querries