Advocate Subhash Prakash

Questions Answered by Advocate Subhash Prakash

Q: What to do if company is not paying my dues

Dear sir/ma'am The last company I worked with is not paying me my dues and stated the reason for the same that according to a clause in my appointment letter, if I left the company before the duration of 6 months from the joining date, I would have to pay them INR 2,00,000 and failing to do so they will not pay me my dues. What appropriate action should I take in this context and does that clause have any constitutional validity?

Advocate Subhash Prakash answered
It appears that you had executed service bond otherwise the company could not deny to make the payment of your legal duesYou are therfore advised to send a demand letter to your Employer prefrably by your legal Counsel

Q: Can we take a divorce before completing 1year of marriage

married on 18 th feb , husband wanted to give me divorce . Is this legal to give divorce before completing of 1 year of marriage

Advocate Subhash Prakash answered
It is not easy to give divorce .law is very strict in this regard.your husband has to prove the ground very strictly before the court as well he has to pay maintenance u/s 24and this amount would be such that you could msintain the same ststus

Q: Can I file a divorce within one year of marriage

I have got marriage 29-april-2018.I want to know should I file a diavoce or not bcoz my wife attitude is not gud with me or my family members even our views are not matched pls suggest

Advocate Subhash Prakash answered
Usually divorce petition is filed after one year of service.However there is provision under law that Divorce petition could also be filed within one year of marriageAt this stage I would caution you that the law is pro women and she can file Domestic Violence,Dowery hurresment etc .Therefore be cauticious and must consult your lawyer first before taking any actionSPSrivastavaAdvocate

Q: Wife not responding to filing of divorce case

Married in Nov 2014, separated in Oct 2015.. My wife filed 2 false cases dowry and domestic against me on Aug 2016 and then I filed a Divorce case on Niv 2016. Its been a long time that they are not even responding. They neither came in the court nor talk about any settlement..I dont know what they want.. Please suggest

Advocate Subhash Prakash answered
It appears that you have not been advised appropriately.you have to act rather to say dont know what to do.You have a legal right to take divorce under Sec 13 Hindu Marriage ActThe law mention of such cases within Six month.All Advocates are not versed in such type of cases.Pl consult an expert on this line of practiceSPSrivastavaAdvocate

Q: How to make husband to pay maintenance to his family

I am married (14yrs) and having two children. I am B.tech engineer. when my marriage got fix, I had to left my job. after marriage I started tuition classes but that also I had to give up due to suspicious nature of my husband. now as I am completely a non working woman he also don't give me money to spend on my own. I am totally dependent on his mood. every time when he fights with me, I always got in fear of, what if he refused to bring me vegetables or grocery ( however it never happened. he always brought the households and grocery) ) he also threatens me of giving divorce. But due to my situation of my kids studies, I am not able to take divorce. I want to know, is there any provision in law, abiding with which he had to pay me some money regularly for my expenses. as my daughter wants to take tutions , but he is not ready and I don't have money to pay fees. pls tell how I can get some pocket money while living with him without divorce. kindly help

Advocate Subhash Prakash answered
Your husband is legally bound to discharge his obligation towards his wife and childerns.He does not have any right to refuse to discharge his obligation on his mood Nor he can assault even to slap his wifeYou have a legal remedy against your husband to dicharge his obligation by filing an applicatiion u/s 125 CrPC. You can also lodge a complaint under Domestic Violence Act.The law is very strict and your husband even could be sent to jail for the acts as mentioned by you in your qery