Advocate Kailash Rathod

Questions Answered by Advocate Kailash Rathod

Q: Bank returned cheque on the basis of insufficient fund

sir mi deposit check in bank and bank return me with memo insufficient fund return date 3/11/2017 one month remaining check expire what can i do 

Advocate Kailash Rathod answered
You must be send legal notice to drawer with in one month ,and after receiving notice to drawer 15 days time to be given for repayment of cheque amount and within one month if drawer is not pay the cheque amount you mast filled complete case under 138 of NI act before Jmfc

Q: Procedure to file the complaint for offences against women.

Hi Sir/Madam, If some person is threatening a woman and also passing wrong comment then under which ipc section he will be put behind prison. If we need to police complaint then what will be the evidence required.

Advocate Kailash Rathod answered
You can file FIR under section 354 ,509 of Indian penal code and sole testimony is sufficient for this offence , police authorities is bound to register offence ,if police is not registered offence you can file complaint in JMFC court under section 156(3) of crpc

Q: protation order

domestic violence in home. i m widow(55) come with jmfc(thane) order for right to reside at matrimonial home.but how to alow my major unmarried daughter,son reside with me.my inlaw threaten my children. they force me to go out from home.there care taker( body gurds) harress,fight with me. they did not alow me day to day work like cooking,useing water etc.how to court protect me from this situation.how to restrain care taker from house.i m hindu.

Advocate Kailash Rathod answered
You can take help of protection officer and also you may filled application before jmfc for breach of protection order ,before this you give complaint before local police station about the act of non application and his body Gard

Q: Property theft now recovered by police how to get it back

I lost my phone and got a FIR registered. now police recovered it and got the person as well. How can i recover my goods from the police now?

Advocate Kailash Rathod answered
You may filed application before court under section 451 of the Code of Criminal procedure for Restoration of moblie after calling say of i.o and after verification of Bill of mobile court may gives direction to i.o for restoration of mobile

Q: Wife not staying in matrimonial place what can be done

I have get married on 15.05.2011 now 5 yrs complete but my wife can stay with me & my mother she was saying always to stay along but how can i leave my mother i don't have any brother my mother health was not good she has debits ,on 26.09.2016 my wife go to parent place but she coming back i was goin to 4 time to bring back but on that time she was saying i will come with in 2 day or 4 days but she was not coming my wife Mama given me dhamki to Divocer but i dont want to give divocer to my wife waht i well do.

Advocate Kailash Rathod answered
You Can filed petition u/s 9 of Hindu marriage act of 1955 for restitution of conjugal rights before civil judge if you are Hindu ,this petition will protect you if your wife will file complant u/s 498 a of IPC and applicatin under DV act u/s 18 to 23