Advocate A. Shivani

Questions Answered by Advocate A. Shivani

Q: What are new cheque bounce rules recently passed by the Parliament

What are affects of new cheque bounce rules of the bill ,which is recently passed by the parliament

Advocate A. Shivani answered
The amendment rules in the Negotiable Instruments Act are yet to be notified by the government and shall come into effect once notified. The bill is required to be cleared by both the houses of Parliament to become an Act.

Q: What to do if the husband is not interested in wife and his children

He never changed. He is always drinking and don't go to office daily, no interest in wife and children. Don't respond in life everyday drinking and enjoy outside. I'm Hindu

Advocate A. Shivani answered
This is a very generic question and no lawyer will be able to help you unless you decide to take some legal steps to safe guard your self and your children. If required, you may seek the help of a lawyer and proceed legally against your husband before an appropriate court of law.

Q: How to settle on principle amount of loan when not able to pay

Mortgage land rupees pay process i am mortgaged my land of one accord on 22-06-2015( for rupees 1,50,000) with a moneylender. they give to me a legal notice to clear that amount with interest. now i am very poor i can't pay that total amount so i want to clear only total amount without intrest. is it possible?

Advocate A. Shivani answered
Keeping the legal proceedings aside as you have been served a legal notice, you may negotiate with the moneylender and explain the situation and further establish your intention to clear the principle amount given your scenario.

Q: Nonattendance in lok adalat after 3 months in compromise of 498a case

Me and my wife compromised in 498a case which was filled on me and 5 of my family members. It was referred to lok adalat. on first day at lok adalat, she told that we both compromised and there is no abjection to close the case on us. And also she told to magistrate that settlement amount was received. Magistrate told that as per rules, she needs to attend lok adalat again after 3 months (on 06/10/2018) to tell the same to close the case. On next day, section 13(1)(ia) divorce petition which was filed by me 2 years ago was amended/converted to MCD section 13(b) and we both got mutual consent divorce. All the settlement amount was paid to them and articles were returned. My questions are, What will happen if she will not attend lok adalat after 3 months? What is the step we should take if she will not attend? Advise me if anything other than above questions.

Advocate A. Shivani answered
During the recording of the statements by the court, if it has been recorded by the court that a case under section 498a is pending before another court and the same shall be withdrawn or disposed off as settled in terms of the divorce by mutual consent granted, then in such a situation a copy of the order is sent to the Lok Adalat (if mentioned by the court). On the given date of hearing the Lok Adalat may proceed to dispose off the case. In any eventuality if the Lok Adalat is not aware of the order or the Wife does not appear before the Lok Adalat, then a notice of appearance is issued by the Lok Adalat. If you are also a party to the proceedings before the Lok Adalat, then you may inform the Lok Adalat regarding the settlement.

Q: How to prove that money transferred to bank account is not dowry

2,66,000 rupees credited in my account through cheque from my wife's account after 8 months of marriage on the ground of marriage expenses are done by me at the time of marriage, so, she given money . But, now, she is intimidating me ,I can file a case on you about dowry harassment. Now,how shall I prove ,that money is not a dowry ? Plz suggest me,,,,plz.

Advocate A. Shivani answered
Whether the money credited into your account is dowry or not is a matter of trial and as and when proceeded before, can only be authenticated or proved by way of any oral, written communication depicting the money not being taken as a dowry.