Advocate Aniket Dabadghao

Questions Answered by Advocate Aniket Dabadghao

Q: Company delaying the payment after cheque bounce what to do?

Hello, I need suggestion. I having 1.4Lakh rupees check. The check has been bounce. The check bounce company always telling will pay but they are not transferred the amount. I having agreement paper also. Could you please let me know what step now i should take?

Advocate Aniket Dabadghao answered
I am assuming the cheque hasn't expired and was bounced quite recently. You should straight away send the company a legal notice for the bounced cheque as thats the legal requirement. After that you can file s.138 proceedings under the NI Act and get your money back.

Q: How to tackle with a Cheque bounce case

I help my Friend in Need he asked me help, he purchase 1 TV on my Documents, and Promised to Pay the EMI in 2014 case From Capital First, as I thought he will give the Emi as per Promised, But he had only Payed 3 EMIs and after that he Stopped paying Emis, at that Time my Financial Condition was very Bad even i couldnt pay the Amount 20k of EMI, so Cheque Started bouncing from My Previous Bank, and almost 3 Years they didnt contact me or come home and Suddenly called and Demanding for 75 thousand, with Interest, they Continuosly Putting Cheques and They Got my Number from my Bank, and Called and Saying we will do Police Complaint, Sir i need ur Advice or Help on this. Sir i m Very Much Fear please suggest any Advice.

Advocate Aniket Dabadghao answered
The problem that you now face, is not in respect to the bounced cheques as the time of limitation to proceed against you for that has long gone. However, they are most likely to proceed against you for recovery of the amount due to them in a civil court. There is no criminal case made out against you, therefore, there is absolutely no question of they lodging any police report against you.

Q: Company not providing reimbursement for interview travel what to do

Recenty I have been called for an interview in NISG(National Institute for smart governance) new delhi and they told me that flight ticket will be reimbursed through email.So, i purchased the same and on my day of journey they called and emailed me that interview has been cancelled and they will reimburse flight cancellation charges but till date after two weeks they have not paid the reimbursement amount. I have sent several emails but they not replied on any and there phone number is also not reachable. Please provide me some legal advice to recover my reimbursement amount. Thanks,

Advocate Aniket Dabadghao answered
Since you have already mailed them several times and haven't received any response, it may be inferred that they are trying to avoid the liability. You should straight away file a recovery suit in the appropriate court.

Q: Husband is forcing for divorce what can I do.

After one month of living together, Husband told me for separation and is not sleeping with me. Daily he slept with his mother only.In absence of her,sometimes slept with me. I want to continue my marriage with him. But he is denying to live with me and telling the reasons "incomapatibliliy". I tried to make him understand and asked about my flaws and the main reason behind such desicion. My mother in law mentally harassing me for using the things(bucket, spoon, iron utensils) at home,my hair fall, my hair dos,food preference, choice of colours clothes wearing.Lifestyle n so many other things. Not allow to prepare food and to sleep with husband during periods. Sometimes offered stale food during periods ! Not allow to do worship of god in my style. My husband enforcing me for official separation. What does this mean, I don't know. He doesn't love me and his behaviour is not good towards me. I have tried to get things done better but it didn't work. He dont want to continue,

Advocate Aniket Dabadghao answered
Your utmost priority must be to file a complaint for domestic violence & cruelty against your in laws at the nearest police station. After you do that, its possible that the things might get sorted. If your circumstances don't change, then you may file for Divorce on the aforesaid grounds.

Q: What is the amount of alimony which wife can claim from husband

i am staying at my home with my 9 months baby daughter due to some serious issues with my husband.so i want to ask that in how many months i can get alimony from my husband?and what is the law about alimony?

Advocate Aniket Dabadghao answered
If you are staying away from your husband, and do not have a source of income, then you should file a proceeding before a family court for maintenance. There is no time limit as to when you would actually get the alimony but, it should not take long given your circumstances.