Advocate Anubhav Almadi

Questions Answered by Advocate Anubhav Almadi

Q: Maintenance for child living separately with mother

If one don't want to apply for divorce and seperated for 5 years can the female claim maintainable for her child staying with her?

Advocate Anubhav Almadi answered
Yes. The female can claim maintainence for the child from his/her father even when she does not file for the divorce. Section 125 (1) (b) of Cr.P.C makes the person liable to maintain his minor children. Maintenance of the child does not depend upon the filing of divorce.

Q: Court summon received under section 138 against loan

I have a court visit on Sector 138 on Monday for the loan cheque bounce on a continuous basis. But every month on some other day, I used to deposit cash as well at the equivalent amount of the EMI. My total loan o/s is rs 33,000. Can I take the money to the court and ask the judge that I was not aware of this notice, since my address was changed and mobile number is also changed. I did not update my new address and number with HDFC. Can I pay the entire amount in the court ? Can I expect the judge to agree to me and then the judge cancel the warrant ? If the warrant is cancelled, then will it ever be reflected in my Criminal history check or new job background verification ?

Advocate Anubhav Almadi answered
Yes you can pay the entire outstanding amount to court and pay the bank there itself. Court will not only cancel the warrant but also will end the case there itself by recording the statement of both the parties. It will not affect your job prospects in future.

Q: Cancelled booking for flat received cheque but cheque bounced

Dear Sir, I have paid Cash Rs. 650000/- to Colonizer for Booking of Plot. But he failed to Allot a Plot to me & after that he gave me a Cheque for the same. I have deposited the same in my Bank A/c but due to Insufficient Funds Bank Returned Cheque to me. I have not any type of Document (Agreement/Booking Receipts). May I sue/force to pay my Amount (Legally). How can I Prove my Payments.

Advocate Anubhav Almadi answered
Hello. Yes you can prove your case legally. First of all cheque in itself is the document which shows payment. I would like to know if you have sent the legal notice or not? If yes, then have you received any response from the other side? As you are saying you don't have any document with you, then you must be having some emails etc. regarding the same.. This could help in corroborating your version.