Advocate Harish Chandra Yati

Questions Answered by Advocate Harish Chandra Yati

Q: Can I file a defamation case and claim damages from my wife for filing a false case? Can a husband f

A husband and wife have 17 year old daughter. Wife files a case under 498-A against husband but the District Court in Delhi rules in favour of the husband. The wife again files an Appeal in the Sessions Court/Metropolitan Magistrate Court and that also upheld the decision of the District Court, but directed the husband to pay a monthly sum to his daughter living with his wife for his school fees till the age of 18 i.e. for 1 year only. Now, the husband has lost of job because of the cases filed by his wife. Q1 . Can the Husband go to High Court and file a Criminal or a Civil Writ Petition , also a defamation case and claim damages from his wife for loosing his job and reputatuion ? Q2. Can the husband file for Divorce Proceedings against her wife ? Is it feasible for the husband to file this divorce case ? Can the wife demand maintenance and property from the husband ?Can he oust wife from his property ?

Advocate Harish Chandra Yati answered
You have not mentioned in your query as to whether whether husband or wife is employed or both were employed, although you have stated that now the husband has been rendered unemployed due to the case filed by the wife. Please also let me know as to whether at present wife is employed ? As regards loss of your job and mental agony suffered by you, you may file a civil suit after depositing the ad valorem court fee. You may also file a petition of divorce under section 13(1)(ia) of the Hindu Marriage Act on the ground of cruelty. You may also file a suit for maintenance under section 24 of the Hindu Marriage Act 1955. You may take my help if you so desire.

Q: cheque bounce case time limit after sending legal notice

I have sent a legal notice on 23rd Sep. What is the cheque bounce case time limit for filing the case? Do I still have time to file a case against the other party under 138 NI Act?

Advocate Harish Chandra Yati answered
You can file your case within 45 days from the issue of your legal notice, i.e., on or before 7th November 2016, as per the provisions of Section 142(b) of the Negotiable Instruments Act, 1881. However, if you have missed this cheque bounce notice time limit, you may still file your complaint after seeking condonation of delay from the court.

Q: My husband force me to leave my study and to join cooking classes

My husband leave me at my parents home after my delivery. He didn't even communicate with me for 1 month. After 1 month, he came to meet me and then he started imposing conditions like 1. Cook food for 1 time daily 2. Not to visit parents house 3. Not to talk with your parents. I am preparing for Judiciary. Also, I didn't even know how to cook. He and his parents knew it before marriage. He said you have to cook food 1 time if you want to live with me. Now it's been 5 months. Wat should I do ?

Advocate Harish Chandra Yati answered
if Natu cook meals what precondition for your marriage and it was in the knowledge of your husband and his family then the force sibly compel you to amount to cruelty .Asfar as preparation of your Judicial service exam is concerned, it's your fundamental right and denial of same by your husband amounts to cruelty u/s 13 (1)(ia) of Hindu Marriage Act 1955. You may file divorce petition.

Q: मेरी पत्नी के ऊपर 362 , 373 का ipc लगा है । जबकि मेरी पत्नी ने सिरमदद।

कृपया मेरी मदद कीजिए। मेरी पत्नी ने एक लड़की की शादी उसकी मर्जी से करवा दी । जबकि वह लड़की के मां बाप सब मर गए थे। और उसके सगे चाचा और उसके लड़के हर रोज उससे जबर्दस्ती शारीरिक संबंध बनाए। और उनसे उसका लड़का भी पैदा हो गया। पर बाद मे हमारी पत्नी ने केवल मदद के लिए उसकी शादी करवाई।पर उसके चाचा ने FIR लिखवाया। जबकि लड़की बालिक है जबकि उसके 8 क्लास के मार्क सीट में उसकी उम्र 2009 दिखाया गया है जबकि लड़की की उम्र 20 साल है ।मेरी पत्नी इस समय जेल में बंद हैं। मैं क्या करूं। .....

Advocate Harish Chandra Yati answered
भारतीय दंड संहिता की धारा 362 के अनुसार, यदि कोई किसी व्यक्ति को किसी स्थान से जाने के लिए बल द्वारा विवश करता है, या किन्हीं छल पूर्ण उपायों द्वारा उत्प्रेरित करता है, तो वह उस व्यक्ति का अपहरण करना कहलाता है तथा

Q: Effect of Late Filing of Counter

My false criminal case of stayed by the High Court in 2019. But the opposite party had not filed the Counter for more than 4 years. Then on 27th January, 2023 High Court passed the following order:"Counter affidavit has not been filed yet.As a last opportunity, two weeks time is granted to learned counsel for opposite party no.2 to file counter affidavit. Rejoinder affidavit be within a week thereafter."Now after month's they have filed the Counter on 16th October, 2023.How to Counter it?

Advocate Harish Chandra Yati answered
3(2)(b) of the Limitation Act, the date of institution of the suit in the court shall be the date of commencement of the counter claim. That means the counter claim should be filed before the arbitral tribunal within three years from the date of cause of action, to be within the limitation period.