Advocate Vishali Verma

Questions Answered by Advocate Vishali Verma

Q: When happened after 3 summon to husband

My husband not present on 3 dates after summon to him...then my lawyer told me court will publish news in newspaper...evenafter he not present then court will do x party ..but on that date again court pass order to send one summon through DSP

Advocate Vishali Verma answered
Hi. if even after publication he does not appear, the court is empowered to proceed exparte against him.However, before exparte, court may direct service through police to ensure that proper service is completed

Q: Can i file dowry 498A case after 1 year of filing DV act and naintenan

Can i file dowry case after 1 year of fling DV act and maintenance

Advocate Vishali Verma answered
Yes, you can file a dowry harassment case even after one year of filing a case under the Domestic Violence Act. Filing DV maintenance etc. does not bar you from initiating another case if the facts disclose a separate or continuing offence. However, drafting need to be done with cautious as courts scrutinize delayed complaints carefully.

Q: I have a property and have a tenant who is not vacating

and has framed a 3rd person with forged WILL & ATS stating that that proeprty belongs to him and filked a 1/10 in the eviction suit filed by me against tenant which has been dismissed and I have obtained a decree. How can I file criminal complaint against the two and process of doing so ?

Advocate Vishali Verma answered
You can initiate criminal action against both the tenant and the third person for using forged documents and making false claims over your property. File a written complaint and if the police do not register an FIR, file an application under section 156(3) CrPC before the Judicial Magistrate seeking directions to register an FIR and investigate.

Q: Resigned from Job but Did Not Get Salary as per norms

i have resigned from my teaching job and i was not getting DA & TA as per the pay commissions.. even DOE is not helping and just saying why you did not inform earlier.. The organization forced me to sign no dues else they would not have given me the gratuity cheque also. Can i complain about it legally since DOE is not helping at all? we just asked school authority verbally when DA will be given and they kept saying very soon.

Advocate Vishali Verma answered
Yes, you can legally complain and take action, even after resignation and even if you signed a no dues certificate. DA & TA are statutory service benefits and not discretionary. Delay alone cannot be a ground to reject your claim.

Q: Divorce certificate from Canada valid in India or not

I am in Canada and applied divorce in Canada and will soon receive divorce order and certificateWill divorce certificate issued in Canada will be valid in India or not??I mean Can i remarriage in India after or not???

Advocate Vishali Verma answered
Hi , A divorce decree passed by a Canadian court can be valid in India, but its validity depends upon grounds of divorce , jurisdiction and merits of the case. To remarriage registration or immigration purposes it is advisable to:Get the Canadian divorce decree apostilled and seek declaration of marital status from an Indian court.