Advocate Nilesh Vekaria

Questions Answered by Advocate Nilesh Vekaria (25+ answers)

Q: Husband having an affair , who can file adultery case ?

My husband is having relationship with other girl and I have Profs so can I file adultery on him?, is adultery a crime in india ?

Advocate Nilesh Vekaria answered
If u have sufficient evidence against your husband & a girl for adultery.. then u can file a criminal complain u/s. 494 of indinan penal code against your husband & girl in court and also before police.

Q: punishment for false affidavit in civil court

if a person made false affidavit and proved that it is false in civil matter, what is the law for false affidavit punishment? , otherwise what is best way to give them punish.

Advocate Nilesh Vekaria answered
First of all read this section..of IPC..195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.—Whoever gives or fabricates false evidence intend­ing thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which 1[by the law for the time being in force in 2[India]] is not capital, but punishable with 3[imprisonment for life], or impris­onment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be pun­ished. Illustration A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is 3[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to 3[imprisonment for life] or imprison­ment, with or without fine.U have to file an application u/s. 340..of Cr.P.C.

Q: Cheque given against settlement returenef

I had file 4 cases u/s138 against a party for 11.50 approx in the year 2012/13 after the case was taken for argument the accused requested for a settlement as I had received approx 5.00 lacs vide various mode from the accused in these year the amount which was pending was approx 7.00 lacs for which a mou was made mentioning the case nos all 4 for withdrawal for which the accused had given me cheque for Rs. 3.50 lacs of April 2020 and the copies of the mou was presented in the court while withdrawing the cases.Due to the lockdown I on humanitarian grounds did not deposit the cheque on the said date but deposited the same on 3/7/20 which was returened with the memo of drawer stopped the payment.Pl advise me for the further course of action by me.Can I file police complaint for differing the commitment, contempt of court settlement Pl advise ASAP

Advocate Nilesh Vekaria answered
first you have to read the condition of mou. then you have to give a legal notice to him with help of advocate. you can also file a police complain for cheating.after reading the mou you can file a complain in court.

Q: child visiting rights minor son of 6 years age - no divorce proceeding

Sir / MadamI and my wife lie separately for the past 5 years. I have not seen the kid since then due to some religious vow. Now that it is over, I need to have visiting rights, but my wife never responded. even mediators have tried to to talk to her to avoid any legal complications, but it was of no use. How can I get child visiting rights and we have never filed a divorce petition and I do not intend to do so. Under what law or sections I can get court granted visiting rights to my 6 year old son.thanksNagesh

Advocate Nilesh Vekaria answered
you can file a application under section 25 of Guardian a wards act for permanent custody of child. In this matter you have to file a application for interim custody or visiting right of child. then court can grant visiting right or interim custody.

Q: Default of Cheque bounce n friendly loan

I took 4 lacs advance from friends as I was in need. he gave me his credit cards for use, i was suppose to pay the credit card bill directly. they also charged me interest up to 5% for this friendly loan. I gave 3 cheque for security. We do not have any formal agreement.Due to increasing interest i failed to pay the credit card bill and 5% interest to my friend from last 3 month.Now, 1) he is threatening me to file police case for fraud. 2) he is threatening to file legal case under 138.(cheque yet not deposited) 3) I have left the city but they are threatening my family. 4) Currently my business is closed, so no source of income. Please advise me legal options available to me.

Advocate Nilesh Vekaria answered
first you give a letter to bank to stop payment of three cheque which was given to your friend. Then you can also file a police complain against your friend for taking huge interest without any license. and your family members also file a police complain against your friend .