Advocate B Nitin

Questions Answered by Advocate B Nitin

Q: Procedure after failing in cheque bounce case

Hi, I am the accused and it is contested convicted now. I am ready to pay amount as per the judgement. Please suggest me how to proceed further and how long it takes to recover from it.

Advocate B Nitin answered
Hi, if you are ready to pay the amount as per the judgement. You will just have to approach the concerned court and deposit the amount in the court office. They will record and issue a receipt and the same will be recorded by judge and the case will be closed.

Q: Wife filed false dowry case and advocate advised to leave house

Hi, my wife is away for 4years from me, and has now filled a case on me and my family for dowry (false case). The case was filled on 6th Feb and I have still not received the AB. The lawyer keeps postponding everyday that I will get it in a day or not, but still u have not got it. The lawyer even asked me not to stay at home for next few weeks as police may come and arrest any time even midnight. This is scaring me and my family a lot. Please guide

Advocate B Nitin answered
Considering the length of time your wife has been staying apart from you. It’s would be a task to prove Dowry Harrasment Case. It’s matte of trial weather it’s a flase case or not. Secondly about arrest, if you aprhend that at any time you will be arrested. You should consider filling anticipatory bail.

Q: Wrongly mentioned partition suit in preliminary decree, what to do

Hi sir , my case is in pending from past 12 years. I have a ancestors property and Final judgment has been done on my favour in 2008. But I trusted my relatives and dint see the preliminary decree. We got a orders from court to appoint commissioner to have survey process. But recently I got to know that one acre is missed in property schedule . Instead of mentioning 2 acre, they have wrongly mentioned 1 acre . I am totally panic now. What is the next procedure to make this corrected? Lawyers have misguided me so far and dint educate us properly.

Advocate B Nitin answered
Hello Raise this objection in the final decree proceedings as the description of the property was not given properly But you ought to have raised this objection in the written statement itself.. coming to this stage your scope being limited you can challenge it in final decree .

Q: Clarification on surety for bail when NBW is issued

is surety needed for accused in criminal case when summon issued? OR when NBW is issued?

Advocate B Nitin answered
Hello Surety is needed when you are obtaining bail But when the summons are issued you have to go and appear before the court and then obtain bail , while obtaining bail you need to furnish surity ! Same is applicable in NBW ..

Q: Legal procedure to file for divorce as husband married another woman

How to proceed to get divorce as earlier as possible if a husband is absconding from 4 years and have got married to some other women without getting divorce of his first marriage. He is also having a kid with second women.

Advocate B Nitin answered
Hello If you are governed by Hindu law , in the existence of the first marriage the second marriage does not hold good in the eyes of law .. If your husband has deserted you for four years by now then you can file divorce for desertion before the competent family court .