Advocate Mohan Kaushik

Questions Answered by Advocate Mohan Kaushik

Q: Procedure to take divorce form husband and claim maintenance

meri Ek bhut purani dost hai uski shadi 2007 me hui thi. Uske 2 bache bhi hai. Husband se uska manmutav ghar me jhgda maarpit shadi ke baad se hi ho rha tha uska husband koi kaam bhi nahi krta tha kisi vajh se unke bich jhgda hamesa rhta tha uske pati me apne bacho ki school pdayi chudakr unhe apne gaon bina btaye chla gya ab unhe 4 saal ho gye hai alag rhte hue itna time or itni presani ke baad usne apne husband se alag hone ka mann bna liya hai. Ab use apne husband se koi lena dena ya koi demand bhi nahi hai use bas apne husband se divorce chiye mera question yahi hai isme kitna time lag jayega or kitna Kya khrcha ho jayega

Advocate Mohan Kaushik answered
hello Dear,pahle to aap ye bataye ki kya aapki friend ka pati bhi usse divorce chahta hai. Agar aisa he to 6 se 8 mahine me divorce ho jaiga, nahi to 1 se 2-3 saal lag jayenge. rahi bat fees ki to vo 20 hazar lagegi.

Q: Legal remedy against cheque bounce and to recover money

Sir, From Dec'2016 to Aug'2017, my friend took a total amount of Rs.60,000/- for his personal need. I have transactions of 30,000/- shown in my bank acc. which goes directly to his bank and paytm and rest 30,000 in cash. I've given all my money from my credit card and he promises to pay with interest. On Aug'2017, he gave me a cheque of 60,000/- which was a bounce but I didn't take any actions against him on personal request and then same happened with 6,000/- check after 1 month. At last, I send a legal notice of check bounce of Rs. 1,40,000/- on 13th Dec'17. Now need to know, is there any drawback or loopholes which he can use to escape or he get easily rid of from this situation. I just want my Money!!

Advocate Mohan Kaushik answered
Hello Dear,I did not understand how are you demanding Rs.1,40,000/- whereas, the dishonored cheque amount is Rs 60,000/-. furthermore, you have not disclosed the date of dishonor of the cheque so that i can reply to property however the law (in term of criminal proceeding) is as under ;1. the Legal demand notice must be issued within 30 days of dishonor of the cheque.2. Through the legal demand notice put a demand of money within 15 days of receiving of the notice.3. On lapse of of given period of 15 days, thereafter within 30 days you have to file the complaint before the magistrate.there is provisions that on proving the case the Accused be sentenced up to 2 years simple imprisonment and fine upto the double of the cheque amount.Apart that you can also avail civil remedy by filing a money/recovery suit under order 37 of CPC or simple money recovery suit with paying court fee as accordingly.