Advocate Balaji Prasad R

Questions Answered by Advocate Balaji Prasad R

Q: Hi what to do Cheque bounce or Stop payment

If cheque present date is 25/sep/2023Can I file case now is this possible.

Advocate Balaji Prasad R answered
Cheque bounce cases are guided by section 138 of the Negotiable instruments act. You will have to issue a legal notice through your lawyer within 30 days from the date of return of the cheque and then wait for 15 days (Repayment period)from the date of service of the notice. The cause of action arises on the 16th day and you will have a limitation 30 days from the 16th day to file a PCR before the jurisdictional court.

Q: 125 crpc case: RnV affidavit not submitted by both parties.

Hi, Wife filed 125 crpc in January 2024. 7000 interim fixed on first hearing date. 3k for baby of 1.5 years and 4k to wife.I got summons on June, 2024. Paying 7k every month after that. Stage of the case is cross exam of petitioner.Wife has suppressed her income in her petition. But she is working a software company with salary of 70kMy salary is around 2L.Should I file memo asking for wife affidavit at this stage of the case.Then court will ask both parties to file affidavit.Please advise

Advocate Balaji Prasad R answered
yes. you can have your lawyer file an application under Section 151 of the CPC requesting both parties to file their assets and liabilities affidavit. once filed your lawyer can conduct a hearing on the same and also submit Evidence showing the real salary of the wife and once both sides hearing are done the court will pass an order either allowing the application or rejecting it. however there is a strong possibility of the application being allowed and the court passing an order dictating both parties to submit their assets and liabilities affidavit.

Q: Filing for divorce where wife resides

I'm filing for divorce at wife's current place as it would be eventually transferred to her place. Could there be any drawback if I file at her current place?

Advocate Balaji Prasad R answered
You're absolutely right about the case transferred to the wife's residence's jurisdictional court at a later stage. There are no drawbacks in filing the case at the jurisdictional court of the wife's place. In fact you are avoiding a lot of delay by doing the same as usually the high court will stay divorce proceedings if a transfer petition is filed before it. So to conclude there are no drawbacks.

Q: Denied boarding due to negligence of travel agent in handling visa

Our five year old twins were denied boarding at BIAL on the day of travel in spite of having valid visa and arrival card citing that their passport had a one -day shortfall in the six month validity rule to travel Singapore from India. This Agency was provided with our all pre booked flights, hotels for visa processing. They never flagged this to us. because of this negligence we had a loss of approximately two lacs on all our bookings along with the mental agony to us and the kids.

Advocate Balaji Prasad R answered
A Consumer complaint must be filed at the district consumer commission, Bengaluru, against the relevant agency for the deficiency of service. The case at hand, on the face of it, has fulfilled one of the essential elements in a consumer complaint as per the consumer protection act, 2019, i.e. Deficiency of service. Hence it is strongly advised that you file a Consumer Complaint against the said agency before the District consumer commission at Bengaluru.

Q: Court changed preponed(Changed) and its for judgement

Hi, I am an appellant in session court and my next court date was 3 oct 2025 but today when i went to court the the date is changed and i had no knowledge about it. My previous court date was 3 sep and after that i got 3 oct as my next date. To my shocking incident the court date is changed to 6 sep that is 3 days after my previous hearing and the next date after that is 22 sep, so like this i missed 2 hearing of the court. Can the court change date like this. Plz help what can i do.

Advocate Balaji Prasad R answered
Court dates are given by the Hon'ble judge when the case is called out in the first round i.e the morning session at 11:00 am and the same is entered in the order sheet. Be sure you are there early and the case is listed in the cause list and await your serial number to be called. Sometimes when the Hon'ble judge is on leave the benchclerk may issue dates as instructed. Furthermore please install the E-courts app from the play store and add your case to it so that you can track the date and proceedings of the case from the app.