Advocate Dhanashree V.

Questions Answered by Advocate Dhanashree V. (25+ answers)

Q: Is it compulsory to give alimony in mutual divorce cases ?

Hi, My wife is earning a good salary, we got married for 2 years, since she is not adjusted to our family nature, she is living separately and herself has applied for mutual divorce, now she is demanding marriage expenses to be refunded, is this valid ?, What if she asks for alimony, does alimony is valid for mutual divorce cases? ,is it compulsory to give alimony in india ?

Advocate Dhanashree V. answered
In most cases, the wife is entitled to 20-35% of the husband's net taxable income as alimony. However, even if the wife is employed, she may still receive maintenance if the court determines that her financial needs are reasonable. Factors such as dependent family members and whether her income is sufficient to maintain the standard of living she had during the marriage are considered when deciding on alimony in India.

Q: What are the legal consequences of a cheque bounce due to signature difference ?

Hi, i want to know whether i can put a case against the cheque bounce case under negotiable act 138 when the cheque is returned with reason cheque bounce due to signature mismatch

Advocate Dhanashree V. answered
The answer is “yes”. In a case where the cheque is returned unpaid by the bank on the ground that the signature of the drawer on the cheque differs from his specimen signature on record of the bank, a case of dishonour of cheque punishable under Section 138 may be made out if other ingredients of the offence are satisfied.

Q: After how many days of marriage can divorce be filed in india

I have been married recently in the past 15 days. Can we file for divorce by mutual consent now and get legally separated? Please let me know the divorce procedure in India and the minimum time to file for divorce after marriage in India.

Advocate Dhanashree V. answered
No, you cannot file for divorce before one year of marriage, unless under exceptional circumstances as mentioned in the law. According to the divorce procedure in India, a petition for divorce must be filed after one year of living separately. In mutual divorce cases, there is also a mandatory six-month cooling-off period before the court grants the final decree.

For more details, refer to Section 13B of the Hindu Marriage Act, which outlines the complete divorce process in India for a mutual consent divorce.

Q: How many days can a person get bail if he was caught with 700gms weed

Hai ma friend got arrest at Feb 3 nite vith 700grms weed and thy hv filed fir on Feb 4th he has already appeared in court once on Feb 5 we hv applied for bail so n how mny days we cn expect bail can u tell us

Advocate Dhanashree V. answered
Its depends on case presentation in court but as per The Narcotic Drugs and Psychotropic Substances Act, 1985, 700gms is not a small amount of drugs. Its purely depends on your lawyer how they apply for bail, it may take 2 to 6 months.

Q: Can bail be obtained for case charged u/s 302 of IPC

When it is best to apply for bail to those who are arrested in sec 302 case ? What is the tricky way to get a bail very soon ?

Advocate Dhanashree V. answered
Hi you can apply for a bail as soon as an FIR is filed. s court. ifFirst apply for bail in session it is rejected then go to the high court. if there is a good lawyer on your side, he can get the bail in Crime under section 302 is a non-bailable offence; mostly lower courts are avoiding giving bail for under trail accused. After rejecting once bail in lower court accused need to apply in the high court.Bail in cases of non-bailable offences after submitting charge sheet in the court and maximum detention time depend on producing facts, circumstances, skill and bond with sureties & monetary obligation in the high court subsequently in upper courts