Advocate Pankaj Kandhari

Questions Answered by Advocate Pankaj Kandhari

Q: Procedure of Distress Warrant in DV Act

Please give me the implementation procedure of Distress Warrant in domestic violence act 2005

Advocate Pankaj Kandhari answered
if the court has passed the order for maintenance per month and/or for access of child but other part is not complying with such order then the aggrieved party may make a simple application by narrating the facts ad it should be filed before same court in same proceedings. court will grant opportunity to defaulter party to give its reply and then court will hear the arguments of both side and will pass the appropriate orders accordingly.

Q: How to dissolve divorce proceedings

I have competed my divorce proceedings and the divorce petition has been signed and filing is completed through mutual consent. I am rethinking about it and want to cancel it. During the filing i was told i will get the divorce certificate after 2 months. Can i cancel my divorce and request the court to dissolve my divorce appeal even after its been signed

Advocate Pankaj Kandhari answered
Greetings,That's good you have given a second thought about your petition. The answer for your query is yes you can withdraw your petition at any moment, even at the day of judgment you can inform to the court that you have amicably settled outside the court and does not wish to proceed with the divorce.

Q: What action can i do if employer terminates service without reason

Hi I'm working with MNC Bpo since two years I had miscarriage and had informed my boss as well my husband had also called and inform that it would take two weeks for me to recover.when I went back to resume they are not allowing me to resume duties nor giving me reliving letter just proving exp letter with negative mark on it.i have submitted all my Dr documents as well.what do I do in this case plz guide ASAP ( I HAD TAKEN PREVIOUS LEAVES WHICH WERE APPROVED DUE TO FAMILY ISSUES AND LONG LEAVE DUE TO COMPANY CAB ACCIDENT IN WHICH I HAD TO TERMINATE MY PREGNANCY SO THIS IS SECOND MISCARRIAGE)

Advocate Pankaj Kandhari answered
Greetings, in this scenario you need to approach Labour commissioner who has his office behind family court Bandra bkc. Lodge a complaint with him in writing he will give a date as to when hearing will take place. Do make sure you attach all the necessary Xerox copies of documents to prove your case.

Q: Unpaid salary for 3 months What legal action can be taken

Employees haven’t been paid for the past 3 months ( May-July). CEO has stopped coming to office and has stopped responding to calls/messages. CEO’s father (Director in the company) says he is arranging the money. But they have been giving false commitments for 2 months. What are our legal options? How much would be legal expenses?

Advocate Pankaj Kandhari answered
Greetings,There are many options to recover your money. As in you are not alone whose salary is on hold there may be your colleagues also I believe. So you all may address a strong notice to concern persons and if they fail to pay you dues you may approach the high court for winding up petition and by this it will create a pressure on company to pay the outstanding dues.Thanks

Q: If I do not appear in hearing what action can be taken against me

If i miss hearing what will happen they filed under 138sec. I signed a bond

Advocate Pankaj Kandhari answered
Greetings, Its ok if you dont appear in the proceedings, however your advocate is required to make exemption application on your behalf and he shall explain the such reason for your absence. You may also opt for permanent exemption in the case