Advocate Nilesh Dilip Bora

Questions Answered by Advocate Nilesh Dilip Bora

Q: Mutual concent divorce with child Custody

I have 6 month old baby. I want to create mutual agreement document claiming that baby custody will be with my husband and I will be be having visitation rights. Is it possible legally? How much time will it take for entire process?

Advocate Nilesh Dilip Bora answered
you can file mutual divorce if both the parties agreed on it. then you file your all the consent terms and conditions to the court that this is your terms and conditions agreement and by this consent terms we are ready to take mutual divorce. and in this agreement mentioned the point that you are ready to give the custody to husband and you should have the visit right

Q: Can I claim marriage expenses if I divore my husband

Can I claim marriage expenses and get back my jewels and cash dowry if I divorce my husband because I do not like him?Or only I can get my jewels and cash dowry?

Advocate Nilesh Dilip Bora answered
Yes you can claim for the marriage expenses and you can also get back the jewelry and cash amount if you have the evidence of it. if you have the evidence of the jewelry then the court can grant the husband to give the cash and jewelry back to the wife

Q: Validity of legal heir certificate

My husband died in the middle of our divorce. We were not divorced then. So I got legal heir certificate in the name of myself and our only son. Recently I withdrew our divorce petition. But now I am divorced as he is no more. Is the legal heir certificate valid and useful for my son? Does he have to get new one without my name?

Advocate Nilesh Dilip Bora answered
yes your sons and you have to take a legal heir certificate from the court of your jurisdiction. that after the death of your husband you and your son were the legal heir of your deceased husband. And you have to prove to the court that no other members are excluded from the heir

Q: Condonation of delay in cheque bounce case

If complainant is time barred in filing case 138ni act and not filed application of Condonation of delay while filing case and Megistrate has still send me summon order.\nI have taken certified copies on first date of summon date. There is no application filed for condonation of delay in certified copies.\nHow can Megistrate consider this case without application of Condonation as it\'s is time barred? Is it permitable as per law? Can I challenge summon order? & Go for revision? Plz suggest.

Advocate Nilesh Dilip Bora answered
yes you can take the defence that the matter is infructuous and the matter has no value. but are very sure the matter is time bard because magistrate will itself not take the Cognizance of matter. if it's delayed then you can take the defence that matter is out of dealy and matter does not take any stand

Q: Husband Cheating and need legal advice

My husband is very loyal and decent . Recently I saw some incidents where he and his colleague were very close and intimate. I went into mental trauma. I wanted to change him and live together. But I feel nothing works. We have a daughter and son above 15 years. Need advice on this.

Advocate Nilesh Dilip Bora answered
if you have some evidence show to him ask him what's going on. convey him that you are having a son and daughter we need you. have some mediation with your family members and its still it's the same if you think you can file complaint also you can file for a divorce if you find still your husband is clothes to his colleagues.