Advocate Dilraj Sequeira

Questions Answered by Advocate Dilraj Sequeira

Q: Hi madam/sir I m a Hindu. My husband has filed a divorce stating cruel

Hi madam/sirI m a Hindu.My husband has filed a divorce stating cruelty. It has been 3 years now since I m fighting the case. He is saying he is scared to take me back because I ll kill myself or torture his parents. On this basis can he get divorce? He is even not agreeing to pay maintainance or alimony. What can I do in this situation.? Please help

Advocate Dilraj Sequeira answered
As stated by you since you have engaged and advocate for fighting you are a case, you need to explain to him your grievances. In the event of any body giving advice to you it will be adverse to the legal steps what your present advocates intends to put forward and Same would be confusing as well as contrary.With regard to theDivorce and alimony consult your present advocate and guid him properly so as to facilitate him to file appropriate application.

Q: Woman having affair with my husband

Hi team , a woman is having sexual relationship with my husband . I have warned her before and informed her parents too but she continues to trap my husband .Can I raise case against her ?Please help.

Advocate Dilraj Sequeira answered
Mere allegations of adultery or not true for succeeding case.Moreover the Supreme Court has decriminalised the relevant sections of Indian penal code.If you have concrete roof with regard to the allegations you have made, you can approach the civil court of law restraining both of them are from further indulging in illegal activities.And also you can file a case against your husband for harassment and humiliation under the provisions of domestic violence act making The other party also as respondent

Q: Cheque bounce case due judgement

My dad has given 2 checks as surety ( 5 lakhs and 10.5 lakhs ) which is deposited and bounced . It was filed as a private complaint and now it is due for judgement ( I have only gotten to know now ) . The payee is asking for 10 lakhs for settling out of the court and we are unable to pay up that amount at this time . The payee isn't a registered lender or a person who pays IT ( it is too late to contest this now as the evidence is closed ) . What would be the best options have I got here ? To save my dad from being jailed while I don't pay the money to the payee ( because we didn't borrow money) .

Advocate Dilraj Sequeira answered
All the contentions you were supposed to take at the time of trial were not taken.Still you have option to file an application for recalling the witnesses for cross examination and also you have an opportunity to adduce your defence evidence.In the event the court dismisses the application, if you have an opportunity to approach the higher court by filing a revision petition against the order of dismissal.In the event of passing of the judgement, you need to file an application immediately after pronouncement of the judgement for suspension ofSentence and thereafter filed an appeal before the sessions court.

Q: Getting back to matrimonial house

Hi sirI belong to Hindu religion. My husband has filed divorce and I have filed petition for conjugal rights. The case is still pending. Inspire of several attempts my husband has refused to take me home giving false reasons. I m staying separate in rented house.Can I still go and stay in matrimonial house. Should I file a seperate case for that. Is there anyway to get back to matrimonial house?Please help

Advocate Dilraj Sequeira answered
The description I have given with regard to the case is that there are two petitions pending weather very petitions or club together and Proceedings are going on in 1 court.Whether there are two separate petitions for divorce And restitution of conjugal rights or you have claimed counterclaim in the statement of objections. Would like to understand the same.Whether you were put out of the house or are you on your own came out of the matrimonial home.If you Were put out of the house by your husband then there is a need to take order from the court

Q: Need in urgent mutual divorce by both agreed parties

Can a mutual divorce take less than 6 months to get the papers, in case of emergency situations....what will be the fees construction of a mutual divorce....

Advocate Dilraj Sequeira answered
Yes30000 Need to understand the case before drafting so as to enable me to file proper application and plead that exemption of six months cooling period.Only after considering the facts and circumstances of the case, the cooling period of six months will be waived off by the court and the decree of divorce by mutual consent can be obtaiinedImmediately after the case being as referred to the mediation