Advocate Anuj Anand

Questions Answered by Advocate Anuj Anand

Q: Can bail be granted if accused not presented in court within 24 hrs

Can the person be bailed after 24 hours if the accused in not prosecuted in court within 1 day of being held in prison?

Advocate Anuj Anand answered
There is not such law that if the person is not prosecuted (I think you mean presented ) before the court with in 24 hrs but you can file writ of hebeas corpus in High Court . another important thing is the sections or crime alleged to have been committed.

Q: How to file for divorce under desertion since nine years

My father left us 9 years ago and hasn't returned since, mom wants to get a divorce. How should we proceed it?

Advocate Anuj Anand answered
go to courts and ask him to draft case under section 13(1) of Hindu Marriage Act or if there is no communication from him that file a suit for declaration to declare him not alive as after 7 years if you have no clue you can do the same

Q: Person not returning money on cheque bounce he is police by profession

I have to take money from one person of 1.50 lacs. I have deposited cheque of 1.50 lacs given by him on 7th of July but cheque was returned back to me after 20 days on 26th of July due to banks' fault. Bank didn't informed about the misplace of cheque. Please suggest i want to serve him notice and further proceeding to court case, as that guy is not returning my money. He is serving Police Officer. What should I do?

Advocate Anuj Anand answered
yes do go ahead and serve him with the legal notice as per provision of section 138 Negotiable Instrument Act and be careful about the limitation and please be more specific as your question is not fully clear.

Q: Release of an offender in cheque bounce cases

What is is the legal proces to realese my my sister from jail in a cheque bounce case?

Advocate Anuj Anand answered
strange cheque bounce case is bailable case and still your sister is in jail. simply file bail application and arrange for surety bonds and bail bonds, if she has been convicted by lower court you should have filed bail under section 437 a

Q: What if Husband denies to sign(or appear) on Second Motion?

Hello Sir, (I am a Hindu) I and my husband filed the Mutual consent divorce and signed on settlement deed. I have fulfilled all the conditions mentioned in the settlement deed (including withdrawal of DV and maintenance case) and both (me and husband) signed the first motion. But now I have been informed by someone from his side, that neither he nor any of his family member will appear on second motion to sign. He just wants to linger it on and doesn't want to free me from his clutches. In the settlement deed it was also mentioned that he would pay me the remaining amount at the time of second motion. So, now I have two questions - 1) Will the court grant me Divorce even if no one from his side turns up to sign on the second motion? 2) What about the remaining money that he is supposed to pay me that was there as a condition in our settlement deed..?

Advocate Anuj Anand answered
if your husband refuses to sign on the second motion you will not able to get divorce under section 13-B but you can ask court for reopening of the case provided what statement you have given in lok adalat or the time of settlement