Advocate Rajesh Dhiman

Questions Answered by Advocate Rajesh Dhiman

Q: Want to know about cheque bounce and how we can get the money by paying him through cheque

I paid someone through cheque and he gave me the cheque and now he’s not paying so how we can get the money back

Advocate Rajesh Dhiman answered
Dear sir, you may present the cheque in question in your bank account within its stipulated period ,after reviving memo from bank you may send a legal notice to the drawer of cheque for demand of cheque amount . If payments is not made within stipulated time period complaints under section 138 Negotiable Instrument Act can be filed against the accused

Q: Extra marital affair of father and abuses by him on my mother

My father aged 55 is having extra marital affair with 25 year old girl..He don’t give us any rupees and spent all on that lady .Also he abuses my mother..He has ruined our life..Is there a way we can threat that girl to leave our father through police help or our father ..kindly help .our life is ruined ..suffering this torture since 4 years and belongs to Hindu religion

Advocate Rajesh Dhiman answered
Dear sir, you have posted a query that your father has extramarital affairs with a girl who is half of the age of your father and spend his earning on that lady and not give any money to u or your mother and further abused your mother.4 dear don’t worry your mother has remedy under criminal procedure code to file a petition for maintenance against your father for herself as well as for her children if they are not married or attained majority whichever is earlier. Your mother can also file petition under domestic violence act and also seek maintenance and protection under law.

Q: Want to take divorce from my wife as she is having extra marital affa

I got married in april 2019, and my wife is having extramarital affairs so i want divorce from her, so is it possible to get divorced on this basis

Advocate Rajesh Dhiman answered
Dear sir, you posted a query about divorce on the grounds of extramarital affairs you also stated that you are married in April 2019 Extramarital affairs is one of the main grounds for divorce if you proved the same by leading sound evidence in court. Whether your wife is also ready for the same if not you have the remedy to file the petition U/S13 of Hindu Marriage Act and of she is also ready for divorce the petition be filed under 13 B of HMA Before filing petition desertion period be considered

Q: Legal precautions Before marriage

I am slated to get married in a couple of months. I want o understand laws that can help protect me and my family in case of any false allegations in future. (Hindu) also, is there a legal equivalent of a pre-nup in India?

Advocate Rajesh Dhiman answered
Dear sir, you posted a query that you get married soon and want to understand about laws that can help,protect you and your family about the false allegations in future first of all you have to disclose whole things about your salary/earnings to the opposite party. And also seek information about your partners through electronic media such as whattsapps etc. At the time if any Dowry articles were given ,a list of articles of dowry be prepared and same be signed by both the parties in the presence of witnesses.

Q: Dispute of husband wife over small issues

Hi, Actually we live in house divided in 4 separate portions and each of them earning separate and spending.1 family whose son got married 2 years back. Son and his wife (newly married) use to fight almost daily for small and silly Reasons. For that matters, we as a family have tried many times to solve disputes. But again after taking break for a day they fight for pitty and small stuffs. Without any reason, her wife use to capture everyone in their personal reason and use to abuse everyone. She doesn't respects anyone and abuses without considering any age factor. She always give threat to whole family that i will file a police complaint and all that stuff.We are religious and respectful family living in good society, also fulfills all social responsibilities. We as family are planning to give some public notice or so in leading vernacular language in our area that "we are in no way associated to so and so husband wife/couple" .Please guide what we can do to get rid of that.

Advocate Rajesh Dhiman answered
Dear sir you seek legal advice on your query as you stated that you live in a house which is divided in four separate portions and each occupant earn separate and support his own members of family u further stated that son of one family got married two years back but the relations of newly wedded couple not smooth and they pick up fights daily on pity matters and when family members try to intervene then she abused everyone and also abused the members of any age and further she didn’t have any respect towards the family members .you have the best legal remedy to file an anticipation complaints about the threats given by the newly wedded wife to district magistrate/sub divisional magistrate of your area , where your statements will be recorded and accused/respondent will also be summoned and her statements will also be recorded