Advocate Kulwant Singh

Questions Answered by Advocate Kulwant Singh

Q: Procedure to take action for cheque bounce cases

A person gave me three one lakes rupee SBI cheque in 2017. All the cheque are bounced. Local police did not interested about this matter. I want to know, where am I go for solve this matter with out court case ?

Advocate Kulwant Singh answered
When your cheque are bounced. From date of bouncing of cheque, you have to give a notice within 15 days. If payment received with in 15 days then OK otherwise you have to file the complaint case before the Chief Judicial Magistrate.

Q: Procedure of divorce for contested

 I surendra rathore and I want to divorce my wife , in legal step... Since 5year ago to married ( love marriage / registry marriage) him and I have one 4 yrs daughter ...the main problem is she blaming me to some affair with someone, around 1 year my wife and I living separately,she gone her parents home, but she doesn't want to divorced me...but she tell me ...living separately each other... please help me with legal advice....thank you....

Advocate Kulwant Singh answered
As you narrated your facts, you can file a divorce petition u/s 13 of HMA on the ground of desertion only after you have completed two of separation. But you can file a divorce on the ground of cruelty and mental harassment at present.

Q: No bond taken from me....can I escape from my company?

During admission in the Post Graduate degree/diploma ( post MBBS) course, Medical College authority took a bond written on legal paper to serve the rural health centre for 1,2 year respectively from nearly all The Students... (BUT THEY SOUGHT NO SUCH WRITTEN BOND FROM ME and may be many others). They retained all original documents of our MBBS course.Yet those who signed the bond it was not written anywhere in the bond paper, that, they will retain the Post Graduate(PG) marksheet or provisional PG degree certificate Which we have just passed. We have passed md/ms pg diploma on12.06.17. But now the College authority denies to provide any PG certificate to anybody.....unntil the1 or 2 year rural bond posting is over. My question is... 1.Can I escape from this situation as I DID NOT SIGN ANY BOND PAPER? 2.CAN I SEND A LEGAL NOTICE TO COLLEGE AUTHORITY TO ISSUE ALL OF MY ORIGINAL PAPERS? (They are not responding to my written and email prayers of the same ).

Advocate Kulwant Singh answered
No, you cannot escape from serving in rural area. As per terms and conditions of admission of PG courses it is written authority will retain the documents of PG Course till the student will not serve the rural area as per terms and conditions of admission of PG courses. You cannot serve legalnotice to any authority

Q: How long does it take for divorce case to end

My case send to meditation.I know to you that how day long I get divorce.if tow party agree to divorc and what is the prosidure in the meditation.plz.tell me.thanks.

Advocate Kulwant Singh answered
It depends upon the case to case, In which section u have filed the case. If filed under section 13-B of HMA then it will take six months after recording the first statement. But it filed under section 13 of HMA. it will decided after concluding the evidences of both the parties. In this case approximately 2 years is must for decide the case.

Q: What is the process of legal separation

My mother (55, Christian) doesn't want to live with her husband anymore because of financial and mental abuse. She lives in her own self-acquired property (which is willed in my name). If she wants to file for legal separation, what process does she have to follow? How long does the process usually take? And most importantly, do both parties have to be present for the decree to be passed?

Advocate Kulwant Singh answered
Your mother can get divorce from our father by mutual consent or by contesting the case. It filedby mutual consent then both the parties must present before the Judge. If she filed divorce u/s 13 (1) HMA then depends upon whether other party will appear in court or not.