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HHappyshark11
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March 29, 2025 at 5:29 pmYes, abusive behavior is a consideration when deciding custody of the child. However, you will need to prove the abusive behavior in court. Simply making allegations without evidence will not be sufficient, as it will become a situation of your word against hers, which does not yield any meaningful outcome.To obtain custody, you must demonstrate to the court that granting custody to the mother would be detrimental to the child’s welfare. Without clear and convincing evidence of harm or risk, it is unlikely that custody will be awarded to you. But irrespective of the custody decision, you are entitled to visitation rights, and the mother must comply with them.
HHappyshark11
PARTICIPANT
March 29, 2025 at 1:52 pmSend a legal notice to your wife seeking restitution of conjugal rights and/or custody/visitation rights of the child. If your wife refuses to return or denies visitation, you may proceed to file a case in family court.The mother is generally given custody of a child below five years, unless it is proved that that staying with the mother is detrimental to the welfare of the child. However, this does not take away the father’s right to be involved in the child’s life. If custody remains with the mother, you can still seek legally enforceable visitation rights, which she will be required to comply with.
March 29, 2025 at 10:50 am in reply to: Seeking Advice on Consumer Complaint Against Travel Agent #25078HHappyshark11
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March 29, 2025 at 10:50 amConsumer helpline and consumer complaint are two distinct concepts. The consumer helpline primarily serves to assist and guide consumers by providing information about their rights and the grievance redressal process. It does not have the authority to resolve disputes or issue legal orders. On the other hand, consumer complaints are formal grievances filed before consumer courts seeking legal remedies.Regarding the e-Daakhil website, it is no longer operational and has been integrated into the e-Jagriti platform. Consumers can now file and track complaints online through these website. If you have already filed a complaint on the e-Daakhil website and it is pending before a consumer court, there is no cause for concern as the case will proceed as usual. However, if your complaint has not been formally filed, it is advisable to file it immediately.
Whether or not to settle the matter is entirely your decision. However, if you choose to settle, ensure that you have a proper settlement agreement in place.
March 29, 2025 at 10:20 am in reply to: Seeking Advice on Consumer Complaint Against Travel Agent #25075HHappyshark11
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March 29, 2025 at 10:20 amThe Consumer Helpline only facilitates amicable resolution between the parties and does not take any legal action. To pursue the matter legally, you will need to file a consumer complaint against the travel agent.You may execute a power of attorney authorizing someone to sign and act on your behalf in the case. Your advocate and authorized representative can handle the proceedings without requiring your physical presence.
March 29, 2025 at 7:25 am in reply to: Builder refusing to hand over agreement to sell and allotment lette even after full payment. #25441HHappyshark11
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March 29, 2025 at 7:25 amFile a complaint in RERA against the builder and pray for immediate execution of Sale Deed and transfer of possession of the property, as you have already made full payment of the amount.HHappyshark11
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March 29, 2025 at 7:21 amYou are free to develop any app as long as it does not infringe on anyone’s intellectual property rights.However, getting the mess or college authorities to adopt and use the app is a separate challenge. Once the mess accepts the app, they may need to obtain specific permissions or approvals from the relevant authorities to enable online payments.
Additionally, to address privacy and data protection concerns, it is essential to obtain users’ consent before collecting or processing their data.
HHappyshark11
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March 29, 2025 at 7:09 amAs per the Income Tax Act, it is not permissible to receive an amount of Rs. 2 lakh or more in cash in relation to a single transaction. Violation of this rule may result in a penalty equal to the amount received in cash.Additionally, receiving large sums of cash can attract scrutiny under the Prevention of Money Laundering Act (PMLA) and other related laws. If the cash is found to be proceeds of crime, it may lead to prosecution under the PMLA, including confiscation of property, arrest and other legal consequences.
HHappyshark11
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March 28, 2025 at 6:43 pmFile a consumer complaint against them.HHappyshark11
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March 28, 2025 at 6:42 pmIt is generally not an issue if the notary or registration of an agreement takes place after the date mentioned in the agreement.March 28, 2025 at 6:34 pm in reply to: How long can the anticipatory bail hearing be delayed by IO? Is there any deadline? #25727HHappyshark11
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March 28, 2025 at 6:34 pmThe CrPC / BNSS do not prescribe a fixed time frame for deciding anticipatory bail applications; however, courts generally try to hear such cases at the earliest possible opportunity.March 28, 2025 at 5:02 pm in reply to: Godrej and Flipkart are threatening Legal Action Over a defective sofa I Bought from Flipkart, after 15 months #26459HHappyshark11
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March 28, 2025 at 5:02 pmGodrej or Flipkart can file a case praying for return of the sofa in original condition or to pay the value of the sofa. They would have to file their case in a civil court.March 27, 2025 at 2:03 pm in reply to: Godrej and Flipkart are threatening Legal Action Over a defective sofa I Bought from Flipkart, after 15 months #26442HHappyshark11
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March 27, 2025 at 2:03 pmThey must have conducted an audit and realized that the amount was refunded but the sofa was not returned.Respond to the Notice stating that it was their responsibility to collect the sofa at the time of or prior to issuing the refund, which they have failed to do to date. Also, express your willingness to return the sofa and invite them to arrange for its collection.
If they insist on the return of the sofa in its original condition, you may counter by highlighting that due to their failure to collect the defective product, it has occupied space in your home for over a year now, causing significant inconvenience, and that you should be compensated for the same.
Attempt to resolve the issue amicably, but if they initiate legal action, you can counter it by filing a consumer complaint against them.
March 25, 2025 at 1:51 pm in reply to: Samsung Agreed to Refund, But Ghosting Me for 40+ Days – Need Advice! #27804HHappyshark11
PARTICIPANT
March 25, 2025 at 1:51 pmSend them a legal notice and file consumer complaint.HHappyshark11
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March 25, 2025 at 1:37 pmThis may not be deliberate poisoning, but contaminating a ground water source with kerosene and waste is still a serious environmental and health hazard. Given the seriousness of the situation, your first priority should be to gather concrete evidence to support your case. Take clear photographs and videos of the contaminated well, the garbage, and any traces of kerosene in the water. If possible, get a water sample tested at a government lab to confirm contamination.Since the local police have failed to act, file a written complaint with the SP / DCP, detailing the incident along with supporting evidence. If the police continue ignoring you, take it to court by filing a private complaint before the Magistrate, requesting an order for the police to investigate. Consider reporting the issue to State Pollution Control Board as contaminating water sources is a punishable offence. Also, consider reaching out to local media or NGOs or post on social media—public pressure can force authorities to act.
For your safety, you can install CCTV cameras to monitor any suspicious activity. In the meantime, use alternative sources for water for drinking & household purposes.
March 25, 2025 at 11:49 am in reply to: [Serious] In your experience (specially for divorce/HMA cases) what’s the difference between 1k/hr, 20k/hr and 80k/hr lawyer? #28735HHappyshark11
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March 25, 2025 at 11:49 am1. Face Value – Lawyers who charge high fees have typically proven themselves in court and earned respect from litigants, fellow lawyers, and judges. Many senior advocates are not only more experienced but may also be a senior in the profession who the judges know personally from their younger days. Their extensive knowledge and credibility often make judges more inclined to accept their arguments.2. Experience – A senior advocate possesses significantly more experience and legal acumen than an average lawyer. Even the most expensive lawyer once started at the bottom and worked their way up, handling a wide range of cases and strategies. This exposure enables them to quickly assess the opposing side’s approach and devise effective counterstrategies. With a more expensive lawyer, you are more likely to take proactive measures rather than being on the defensive.
3. Trust Factor – A major concern by litigants is that their lawyers may be compromised by the opposing side and end up screwing their case. Senior advocates, who charge higher fees, have their reputation at stake, making such compromises highly unlikely.
That said, a higher fee does not automatically mean a better advocate for your case. Like a civil law expert may not be suited for a criminal case. Choosing the right lawyer for your case requires due diligence. Additionally, high-profile lawyers often have demanding schedules, which may limit the attention they can devote to your case compared to a mid or low level advocate.
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