Advocate Nagendra Prasad

Questions Answered by Advocate Nagendra Prasad (50+ answers)

Q: How to file for divorce in india when spouse is out of country ?

I got married on 18th Feb 2017 and my wife separated on 9th April 2017 asking for divorce all of sudden without any arguments or reason. After a wait for almost a year when I called for filing divorce her brother told that she has left for abroad and divorce is not required, and I should not ask for it. I am not able to travel abroad as visa will not be granted without divorce. how to file for divorce when spouse is out of-country ?

Advocate Nagendra Prasad answered
HiFirst ascertain abroad address of your wife. Then you can issue the legal notice. Their after based upon reply, u can decide. Alternatively, you can also file a case for divorce, after issueing legal notice to the last known address or parents address, later on, knowing about reply/status. U can decide what can be done legally.

Q: Can husband force wife for divorce in india ?

Im Hindu.. i have been married from 2yrs.my husband asked me to give Mutual Divorce. But I didn't agree. He is having external affairs. when I came to know I talked with my in laws. they didn't sort it out. instead they are supporting their son. then I came to my parents house. after one month I Said to my husband ..Leave external affairs.. We can lead good life.. But he didn't agree ..He forced me to give Mutual.. I opposed for mutual.. Then he said give me some time ..But after 6 Months he send me Divorce notice in that he put all false alligations saying my wife is having external affairs. She is not taking care of my parents.. She is trying to suicide writing death note in my parents names.. And also he mentioned in that she may put false dowry case on my family members.. After getting divorce notice I failed FIR under dv act.. I'm not ready to give divorce​. can my husband force me to divorce ?,If I give mutual I'm a get any maintenance or composition or share from his property.. Since I'm working in govt job. bec he is earning mor

Advocate Nagendra Prasad answered
HiAny how he has issued notice, u can contest & prove what its all false. See that it is all false & get it dismissed. Mean while u can engage a defective & collect his details of his external affairs.

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 Nagendra Prasad answered
HiU can file the case, but mean it's better approach the bank, & find out abt the balance is more than the cheque amt, if not u have a better case. Otherwise u don't have good case, then u can decide to take for civil case.

Q: How to add mother's initial in birth certificate?

I am a mother of two children. I decided to add my initial to my children name with my husband initial. I feel that its my right to add the initial to my children. I want to know that, any legal issues are there for that because I met my children school HM. I talk with her regarding this but she is telling that without proof or affidavit they will not take any action regarding this. Clearly she said she need affidavit then only she do that changes otherwise She may face issues or troubles then she said In future my children will face the problem. My question is that these problem will come in future. I need proper suggestion for this issue.can we add mother name as initial? Kindly reply me regarding this. Thank you

Advocate Nagendra Prasad answered
HiU have to do as per the change of name Act,So you both the parents have to consent it, by an different Affidavit by change of name. There after as per the rules it has to be published in two daily news papers. I can do it for you.

Q: What does STEPS meaning in court ?

On tracking my case online the purpose of hearing is now showing as 'STEPS' on earlier three occasions it was ISSUE SUMMONS ,what is steps in court means in purpose of hearing ?i have filed an cheque bounce case against my old client

Advocate Nagendra Prasad answered
HiYou have filed the criminal case for dishonour of cheque, the Hon'ble court has taken cognizance, ordered to issue summons to other side/Accused, the summons are not served, so the court has ordered for re-issue of summons, in legal terms it's called STEPS. SO now you have to pay summons charges now.