Advocate Sachin Kaushal

Questions Answered by Advocate Sachin Kaushal

Q: Wife refusing to return what can I do

My wife is living at her parents home since 3 months and don't want to come back to my home. She is not ready for any settlement. We are Hindu by religion.

Advocate Sachin Kaushal answered
First of all you should try to take back your wife by amicable means such as by approaching your in laws with the help of some mediator and respectables of society. But if that process fails then you have right to file perition under section 9 of the hindu marriage act for restitution of conjugal rights.

Q: Can i marry my cousin ?

I am a Hindu. Can I marry to my cousin(daughter of my mother's brother)?

Advocate Sachin Kaushal answered
As per hindu law your relation falls within spinda relation. So you cant marry your cousin. Even otherwise she is your sister si socialy also you must not marry your cousin sister as this will create tussle in your family.

Q: Will the court fee be refunded if there is an out of court settlement

Sir, my friend  had a cheque bounce case for INR 10 Lakh, the first court asked to pay 11 Lakh + one year imprisonment. he  approached the higher court (may be Sessions court as told to me). He has paid the court fees I think Rs. 10,000/- Now, both the parties have reached on settlement and payment as per settlement is done. The opposite lawyer is saying, there might be penalty on us appx. 50,000/- (A) is it true (B) since settlement is done, case is withdran, Can get a court fees refund? pl. reply

Advocate Sachin Kaushal answered
Yes sessions court can impose an amount to be deposites in distt legal services authority or otherwise and you will get a receipt from the court regarding that. Secondly as in a cheque bounce criminal case no such amount of court fee is deposites in the court for filing appeal. Only in recovery suit court fees is paid according to the amount. The 10000 rupees your friend paid might be the counsel fee and that can not be refunded. However in civil cases when the matter is setgled in lok adalat the whole court fee paid is refunded.

Q: Friend took loan but is not ready to pay or returning calls

sir, my friend x was in need of 14 lacc, so on my responsibility my friend y gave money to him but I took responsibility to pay him back. earlier friend x was paying interest but now he is denying interest and y is asking me to pay the interest as I took responsibility. I requested x but he is not promising anything. now y is asking for an entire amount. now how to recover the same from x? I have cheques of the same amount. if I dragg him in court would I win? and how much time it will take? we gave him money for 6 months but after 3 years he isn't paying back. we have cheque and promissery

Advocate Sachin Kaushal answered
You can file complaint u/s 138 ni act against your friend if the cheque of your friend bounces. However before issuing any notice there must be some evidence by which you can prove the transaction. Better if you file the complaint through the person who has given loan to your friend. But you can not claim that it was a loan transaction on interest.