Advocate Chandrakant Tiwari

Questions Answered by Advocate Chandrakant Tiwari

Q: my husband doesn't want to live with me just because of his parents

i got married in 2017 23,Nov. We are in relation since 2014. He proposed me and talked to both of our parents he loved me before our marriage but after marriage he totally listen to his parents they all abuse me and my parents they are touchtring me just after one month of my marriage they don't even give me a single paise for my expenses they demanded dowry but my parents couldn't do this that's why my husband and in laws are making my life hell now what are my rights what to do i am not even getting this...i just want to be separate from them i wanna live my life peacefully but they are threatening me if i will take all my furniture from here they will use their contacts to make my life hell please tell what to do

Advocate Chandrakant Tiwari answered
You can file casesof 498A dowry harassment, Domestic violence, maintenance under 125 etc against the husband and your in laws. law gives many remedies to women in distress. you can get good maintenance from husband depending on earning and lifestyle.

Q: Now Marriage valid or not and how can i fight legally

Sir/mam,Please help n guideMene 2017 aug me arya samaj mandir se shadi ki jha se ek certificate mila, i think ki wo valid hota h. Shadi krke humne kisi ko nhi btaya 1yr baad ghr walo ko pta chla.wife ke parents ne jaan kr situation krke original doc le liye. But mere paas wo sb doc or shadi ki pic online save h. after that wo ha ha bol kr abhi kuch din phle mna kr diya or wife ko pure trust me le liya, meri fmly bhut tnsn me thi so mujhe sbki baat maanni pdi or unhone kisi notary wale se divorce krwa diya or uski pic or photocopy leli but original notary paer jla diye ab kya shadi wo valid h ya divorce ho gya h. Agr divorce nhi hua h to me kaise unse legally fight kr skta hu ki meri fmly ko koi prblm na ho mujhe chahe jail bhi ho jaye no problem but fmly safe rhe or ye shadi bch jaye. Or kya marriage certificate ki duplicate copy mil skti h ya online Please help me

Advocate Chandrakant Tiwari answered
Your marriage is valid. if your wife is still in favour of living with you then you can file a writ pention in Delhi High Court to get your wife back from custody of girls family or if girl is not with you then you have to take proper divorce from court. notary has no power to do any thing related to divorce

Q: What is person denies to have given cheque to another person

Sir,My question is that now a days while clearing interbank transaction .Banker call the person whose cheque is presented for clearing .if that person denies to have given cheque to other person ..what legal remedy is available to holder of cheque..1) can he file case under section 138..2) if bank return cheque by mentioning on cheque that account holder refuse to acknowledge the cheque..What holder of cheque can do in this process.. Mm m

Advocate Chandrakant Tiwari answered
once the cheque presented in bank, the bank has to either clear it or return unpaid. if the cheque is returmed unpaid them a case of 138 can be filed. when cheque is returned unpaid a legal demand notice is to be sent with 30 days of receipt of bank memo, giving 15 days time to pay the debt to the issuer of cheque. id money not received then a court case is filed within 30 days not receipt of notice by the other party

Q: cheque bonus

meri payment ka cheque bonus ho gaya tha fir bola payment kra dunga. magar ab payment nahi de raha he please confirm me

Advocate Chandrakant Tiwari answered
cheque bounce has some time limit to file cheque bounce case. if the cheque bounce period is more than 30 days and is within 90 days of bank expiry then the same cheque can be represented in bank. if all time is over then civil recovery suit or labour case

Q: Legal steps against husband and wife, after mutual consent divorce

Hi, I and my wife have filed petition for mutual consent divorce (Hindu Marriage Act), and are already done with first motion. We will be filing for second motion soon.As my wife's parents are against this divorce, and are threatening to file false legal case against us (on which grounds, we don't know) if we file for divorce. Because of this fear, We have not informed them about our divorce petition.I wanted to ask, is there any possibility of any legal case against us after the divorce has been granted. Considering, my wife's father can go to any extent when he will get to know about our divorce.Addition info:I'm from Lucknow, my wife's father live in Allahabad. We got married in Allahabad. After marriage, I and my wife lived in Delhi. As last residing address as a couple was Delhi, our second motion for divorce is with Delhi court.

Advocate Chandrakant Tiwari answered
once the mutual concent divorce petition is decreed by Court. the girl and his family members cannot file cases against each other. you should go for second motion and obtain the divorce decree. only girl /wife has right to file cases against husband not other relationships