Advocate Abhishek Singh Chauhan

Questions Answered by Advocate Abhishek Singh Chauhan

Q: What to do if sister-in-law has filed a false case against my family

My elder brother got married in February 2017, but within 15 days they had some fight and she leaves our home and went her parents home. From last 1.5 yrs she neither came back our home nor she contacted on phone. Now, she filed a false case against us. What to do?

Advocate Abhishek Singh Chauhan answered
First of all your brother need to file application u/s 9 of Hindu marriage act i.e. for restitution of conjugal rights and then should go for anticipatory bail each and every member against whom complaint has been made, and then defend the case.

Q: What to do when Sister in law threatning for false 498 A

My sister in law has sent us a legal notice for dowry and physical assault. She has sent it to me, my parents and my uncle. My brothers name is not mentioned there. Both my brother and sil have been living in my fathers house (on different floor) since their marriage in 2007. I have been out of my home since 2005 for study and job. I'm in Bangalore now. - Dowry- we never took a single penny and all expenses were borne by us in the marriage. - She had a miscarriage when she was at her mother's house. When she left our house everything was fine. She is accusing that we beat her and kicked her in the stomach. - she has been abusing my parents continuously since her marriage and when it became too much recently we asked them to vacate the premises. We also lodged an fir against them. When they didn't agree we sent them a legal notice. Since they have been asking for money and now they have sent this notice. Please suggest what can we do. I'm in pvt sector job how can i safeguard myself

Advocate Abhishek Singh Chauhan answered
At first you all should go for anticipatory bail and after' that you all should defend with the grounds that your brother and sister in law are not living with you since long. Need to do one more thing that your father have to publish a article against your brother and sister in law that they are not living with them since long and they do not have connection with them, entire procedure will get alive through legal case, also file case against your brother of maintenance, filing should be through your parents.

Q: Mental Torture by inlaws since last 3 years. Need suggestion.

Can I file a pre complaint against my inlaws as they are continuously torturing me mentally since last 3 years.. keeps on abusing my family.. due to over stress I became a diabetic patient.. My husband take no stand for it... I just want to be on saree side by filing a complaint against them so that in future they can't torture me and my family for anything. Religion- hindu

Advocate Abhishek Singh Chauhan answered
Yes you can file complaint against your in laws in police station of your area or you can file complaint through court as well, demanding that they shot be stopped torturing and abusing and you can demand for compensation too.

Q: Cheque received from an individual has bounced

Sir I had received a cheque of Rs 10000 that had bounced due to the insufficiency of funds. The drawer of the cheque is not giving the money despite asking several times after this cheque bounce scene Sir what should I do now to recover my money.

Advocate Abhishek Singh Chauhan answered
You need to hire a lawyer, he will send legal notice giving 15 days time-period to pay , if drawer do not pay, your lawer will file case against drawer within 45 days including 15 days of notice period.