Advocate Abhishek Yadav

Questions Answered by Advocate Abhishek Yadav

Q: Legal advice about a revived case from Ex-Parte status

Saket Courts, New Delhi -(Civil suit No. 210017/16) History of the case: This case was filed by plaintiff for recovery in Delhi high court but was transferred to district court due to amount jurisdiction limit. And here we could not go to lower court. Current status is that the plaintiff`s witnesses have given their witness in defendant`s absence and case had come for final argument before revival from ex-parte status. Now case has been revived after our application from ex-parte status In this case - Defendants want following goals. Please tell will it be possible or not: 1.Defendants want to add its list of witnesses and want to bring one more defendant in this case whose right for WS has already been closed in the beginning. Shall we need to approach High court for this or this district court can do this? 2.Now defendants want correction in defendants nos. -which is currently 3 instead of 4 and mistake did by our lawyer and plaintiff also followed the same sequence.

Advocate Abhishek Yadav answered
HelloYes another party can be impleaded in the present suit subject to a filing an application. Also, list of witnesses can be added in the same manner. However the queries can be more clear after going through previous orders of the court.

Q: Procedure to file case of recovery of money after six years

I gave 5 lakhs rupees to one party for some project. He in return provided me future date cheque. In future, when I deosited cheque, I come to know that account was closed. It was happened in 2013. Thereafter representative of his continuous force me not to file FIR. They said that your money will be returned. It has been 6 years now but nothing happen. What measure can I take now? Does law allow me to file FIR after lapse of 6 years? Kindly provide me full details. It shall be great help!

Advocate Abhishek Yadav answered
HelloThe limitation period for filing a recovery suit is 3 years. However details of transaction has to be disclosed in order to file a suit within limitation. An Fir can be filed anytime but the question is on what grounds? You could have opted a complaint for cheque bounce but unfortunately that time has also lapsed.RegardsAbhishek YadaAdvocate

Q: How to recover my money from my friend

Hi.. my friend took a friendly loan of rupees 2L and promised to return in one month, but this did not hapenned, now after 6 months he is making excuses. Can we have a chance to tackle this legally.. i have all the call recordings ,whats app chats and chq clearance status available with me. Awaiting your response.

Advocate Abhishek Yadav answered
HelloThe first step is to send him a strict legal notice whereas you are required to bring the whole transaction to his notice on papers and thereafter take subsequent action.RegardsAbhishek Yadav

Q: How to file for divorce if I have troubles adjusting with my husband

Wanted divorce asap & custody of my 6months old child with heavy penelty to my husband as i am unable to adjust with my family inlaws & with my husband in my 7 years of marraige i have seen many ups & downs since day one of marraige .now i have decided that i want sepration so that my child would not suffer any more.

Advocate Abhishek Yadav answered
HelloThere are two ways to go about it 1. A divorce take with mutual consent 2. A divorce contested against the spouse. In both cases it will take approx one year time including separation time. Custody preoceeding will move simultaneously.RegardsAbhishek Yadav(Advocate)

Q: Complaint against person for torture and harassment by parents

Dear Sir/mam My parents are torturing me everyday for one or other thing. What can be done in this case. Please reply to my query at the earliest. Please help

Advocate Abhishek Yadav answered
HelloI would like to know more about the facts and circumstances. What kind of demands are they putting on you? RegardsAdv. Abhishek Yadav