Advocate Omkar Rajendra Deshpande

Questions Answered by Advocate Omkar Rajendra Deshpande

Q: When can I remarry after divorce ?

Hello, Me and my husband from mumbai have signed mutual consent divorce 6 months ago. Last week family court judge announced decree of divorce in our case. I would like to know how soon can I get remarried? do I have to wait for papers of divorce to reach me? Papers will take another two three months. I will also have to get my daughters and my name changes to be done which is again a long procedure. Seeking your advice.

Advocate Omkar Rajendra Deshpande answered
Since you got decree and order from court for divorce, you can get married as and when you wish. To the extent I know, you will have to apply for court copies by certain formalities. Court will not provide you by their side or send it to you by Post. Change of name is not long procedure. That won't be taking time. It has main aspect of Affidavit for changed name and paper publication. Thank you.

Q: Husband separating me from my child, sent a divorce notice, what to do

My husband has sent divorce petition at my moms place and I do not stay with them.the person was forcing my mom to sign it, but she didn't. My husband is right now in usa. He left on 16th Feb with my son in spite of telling him that he stays with me or I come with you if he is going, but ignoring all that he took my son.he was in India for nearly 5 months during which he didn't sent the divorce petition and once he left the petition has come to us.the date to appear in the court is 22nd March and for sure he will not be coming. So what should be the action taken by me.he persuaded my son that if he comes with him he would buy him an xbox 1st, which he did last Saturday. My son is 11 yrs. I want to be with my son.we have been married for 14yrs.pls advice. He doesnt allow me in his house where he stays with his mom.highly influenced by his mom &sister who want to break the family.i m staying alone for past 4 months and without a job, but he hasnt provided any kind of support. HThanks.

Advocate Omkar Rajendra Deshpande answered
Dear MamKindly receive notice which he has sent you by post. Make sure that you will remain present in court. File maintenance application U/ 125 of Cr.PC. which will make your legitimate claim for maintenance. Another aspect you can make application u/75 for Custody of your son and can demonstrate before court how your husband persuade your son by giving him different things of his desire. Instead of this separate applications, you can make detailed reply to that petition which he has sent to you and make your claim in it also regarding the same. Don't try to avoid proceedings as he has initiated it, he is bound to be bback. issue Criminal matter against him.

Q: The drawer has stopped the payment of cheque, what to do

One of the casting agency has taken money as deposited, and promised to return d same and given the time limit bt it's already 6month above plus, bt in order to pay our amount they have given pdc cheque before 3 month . Now we deposited the same on due date. Bt we got the message now the the drawer has stopped the payment. What we can do now inoreder to recover our money

Advocate Omkar Rajendra Deshpande answered
Withing 15 days you will have to send notice u/s 138 of NI act i.e. for bouncing of cheque. IF you have failed to do so, then there are alternate procedure to initiate civil proceedings against him. Thank you

Q: How can a minor sell her inherited property

Dear Sir/Madam, Minor has share in one property, which his father wanted to Sell. Please advice the procedure and how long it will take to get permission letter from the Court. 

Advocate Omkar Rajendra Deshpande answered
HE can not sell that property till he attain the age of majority. But it can be sold to other by his father after obtaining permission of court wherein it is necessary to state that there is dire necessity to sell for betterment of child or family. Circumstances have to be proved before court.

Q: Regards UPSC Exam and pending criminal case

I am preparing upsc civil service but criminal case(cheating case) pending (still not on board)in lower court since 10yrs against me.can this case resist me for selection for civil service post? Can I appear for interview or else,plz guide me.

Advocate Omkar Rajendra Deshpande answered
Dear Friendyou can file writ petition in high Court for cancellation of FIR. That's the only solution wherein you can state frivolous allegation s on you beore court and this will make you free from all allegiations or any trial court proeedings if any. Thanks