Advocate Dhanagodi

Questions Answered by Advocate Dhanagodi

Q: How Long I Can Get In The Grounds Of Contested Divorce

If am on going in contested divorce am having all evidence and proof in the grounds of adultery. My husband dont want to give divorce to me. Court also delaying due to covid. He done all mistake. My question is will I get divorce thru contested divorce or not?

Advocate Dhanagodi answered
yes you can be get contested divorce. Due to covid, the physical appearance of the parties were stopped. you said he done all mistake and you are having all evidence. the evidence and proof against you husband will be support your success.

Q: I construct the house neighbor stopping me through via police

I construct my home (with proper document I already check with govt surveyor but neighbor house affected right now so they stop me and threaten me so we compliant the policy they told me to stop the work and support opposite party for this case I need guidance from your end Thanks

Advocate Dhanagodi answered
you file a civil suit along with interim injunction application before District munsif Court. when you file a case the same day you will got order, after getting order, you will continue your construction. if he threaten you, you approach the police with the order, the police will support you.

Q: Help for me and for my children

Hi, I am hindu married women of 10 years,having a son and a daughter, going to school, due to dowry torcher from my husband and his parents my 8 month baby died while pregnant,my husband filed a cruelty case on me, and asked for divorce, after thinking a lot and due to mentally torcher I also planned to divorce, but my husband telling that he will not give maintenance for me and child and also not give alimony for us even you go to court.I met a advocate and she is asking more fees,I am unemployed and don't have much money for spending,pls tell procedure with not moving the case for long years and how much amount will happen,will the court give alimony and maintenance even if my husband refuse to give.

Advocate Dhanagodi answered
your husband must give maintenance to you and your child. Here your husband filed a divorce, the court definitely will order to give alimony and/or maintenance to you and your child even your husband refused.

Q: What is Notice of Motion in a Transit CMP?

I need to know whar is meant by a notice of motion in a transit cmp case. Kindly explain it with an example.

Advocate Dhanagodi answered
The Plaintiff applies for urgent relief - seeking an injunction restraining the opposite party from disturbing the status quo, seeking appointment of a Court Receiver over the property so that the property is taken in custodia legis - (in the custody of the Court) etc. In Bombay, the application is called a Notice of Motion and in other places it is called an interim / interlocutory application. This is supported by an affidavit which briefly makes out a prima facie case and tells the Court that the balance of convenience is in his favour and that irreparable loss will be caused if the ad- interim relief is not granted.

Q: My father died a year ago and i have cheque in his name.

My father died on 16.12.2018 & he holds 15 cheques without any date but rest of the details filled and given by a bakery owner. He is telling that i will give money and get back the cheque..Till one year now he is not giving the money..How to get money back from him?total cheque value is around 50 lakhs. Can i put a criminal case against him with cheques available with me..I have no other proofs except signed undated cheques & signed written papers...i dint close the account in my father's name & not informed to bank also...Is there anyway I can encash the cheque & put cheque bounce case against him ..Iam n need of the money for my sister marriage...our entire family is depending on tat money..My father believed him to the core and now he is betraying us & trying to not give even single rupee of money..pls help how to approach

Advocate Dhanagodi answered
In this stage, u will send the demand notice to him. If he did not come to compromise with you, After that you will file money suit against him and recover the money in your jurisdiction. After getting the Decree against him, you will file E.P against him.