Advocate Akshay Shrivastava

Questions Answered by Advocate Akshay Shrivastava

Q: 2 cheques got bounced against a loan what are the chances under 138

Two cheques of Rs. 95000+100000 got bounced against a loan. Please let me know what are chances of getting the amount from the payee under section 138.

Advocate Akshay Shrivastava answered
You need to issue a legal-cum-demand notice in the name of Payee within 30 days from the date of return memo stating that the said amount needs to be repaid within next 15 days.If the Payee fails to pay the requisite amount within the expiry of 15 days then you may file a criminal complaint before the requisite court for his default within next 30 days.Do remember that the time limit is to be strictly followed in cases of dishonour of cheque under Section 138 of the NI Act.If you have failed to abide by the time limit, then you may file a summary civil suit for recovery of money under Order 37 of the CPC.

Q: Provision for DV in case husband and wife living away from parents

 I take divorce from my wife in 2012 and after one year it means in October's 2013 she cam back to me and she said me to forgive me for my mistake and let me live with you. I will not do these mistakes again. And after 2013 i was living with her and now she has done an FIR that her inlows are tourchering her. and i just want to know that is there any law that if i was living with her away from my family (mother, father and brother) than no one can touch my family as i heard from somone that before two three month new law formed if i was livivng with my wife away from my mother & father that my wife cant claim anything from my family nor do FIR against my family. 

Advocate Akshay Shrivastava answered
The new law does not states that an FIR can't be registered. The amendment to the same is that upon FIR, the police will first investigate and will take action only if there is substantial cause of action. It will not act on a frivolous FIR as it use to do before the amendment.

Q: Can i ask for divorce if husband is mentally unfit and violent?

Hello, I am hindu and recently marraied  can i file for divorce if i feel he is mentally fit.

Advocate Akshay Shrivastava answered
Your feeling that your husband is mentally unfit has no value in court of law. You need to prove that he is mentally unfit and violent. Seeking divorce on the basis of allegations which can't be proved is bad in the eyes of law and your divorce petition will be rejected.

Q: Pending dues which are not paid for Dec 2015

Boss started threatening me he had few of his friends there and i was alone.He never gave me the appointment letter i kept asking him since i had joined and he is running a fake call centre for US and Canada when i joined he had said it's a certified company and providing support for software development but later i came to know it's fake so i left the company in january and my salary of december 2015 which was 50k is due and he is not willing to give when i said i will go to police he said he has many contacts in police and ATS he will put me in fake case and put me behind the bars, so i did not go to police . i got all the voice recording when i was in his office and he was shouting at me where he said many times that my salary was 50k and he didn't give.Kindly help me out here i'm not rich i'm the only one to earn money in my family and 50k is a lot to me.

Advocate Akshay Shrivastava answered
In such scenario you need to send him a well drafted Legal-cum-demand notice via which you tell him of the salary due to him. The same needs to be marked copy to various authorities like Commissioner of Police, Economic Offences Wing etc., for them to take suo motu action and be treated as a complaint. On non-compliance with the said notice you may approach the court seeking civil and criminal remedy for both.You should approach the police too for registration of FIR and seek an anticipatory bail in case you have a fear of getting arrested if he files fake cases against you. But you need to act quickly as seeking remedy from the court has limitation and do present all relevant records before the court for proving your case.

Q: Is is possible to do court marriage in one day

Is it possible to get one day court marriage ? As some lawyers are saying that..they can provide marriage certificate within 4 hour Is that certificate legal??

Advocate Akshay Shrivastava answered
The procedure of court marriage says that the parties need to approach the Registrar and the notice is published of your intent to marriage. After 30 days of publication of no objection is received, then the marriage is solemnized that very day. This is what happens under Special Marriage Act. You can have marriage under Arya Samaj and then go for Registration of Marriage.