Advocate Saurabh Verma

Questions Answered by Advocate Saurabh Verma

Q: What to do if my in laws are torturing me and harassing me

I am a muslim man. I am married since january 2016. My daughter was born 8 months ago. Since she turned 21 day old, My father in law took my wife to his home. I do not go to my inlaws' house because they humiliate me and force me to come there despite of my dissent. So I called my wife on phone to come home after few days. But she said she wont come by herself. She wants me to agree on her terms and conditions. She doesn't want me to stay with my family. There is too much interference in my family matters from them. My inlaws want to blackmail me in the name of my daughter. They have harassed me mentally alot. Today i got a call from women cell. The lady inspector said my wife has filed a complaint against me. Now i can't trust my wife anymore. I want my daughter back, and don't want to live with my wife. Because in the long term she and her family is going to harass me. what should i do to avoid false accusations from her. I am a poor person and don't have enough to pay for hefty fee

Advocate Saurabh Verma answered
Hi!You can take appropriate steps by way of filing police complaint to your nearby police station. Then if you have received a call from lady constable that a complaint has been lodged against you still you can go to that police station and file a REPLY to that complaint and inform her the true facts of the case so that she should also be aware as to why this false and frivolous case has been filed by your wife against you.

Q: Complaint of Giving dowry where to do

My wife has given me a list of stri dhan in CAW which includes the details of marriage expenses and dowry articles. Can I file a complaint regarding giving dowry as they have given in writing a list of dowry articles along with stri dhan. However, I have never demanded dowry.

Advocate Saurabh Verma answered
Hi!I would like to submit that even if U have not demanded any dowry from the lady however I would like to clarify that filing a complaint by you can only be considered as precautionary step and you can only use it for court purposes but you cannot file a case only on basis off your complaint. So far as the creating a list of stridhan articles, it can very well be considered as GIFT which a lady has received from her family, friends and relatives. Hope it would suffice.

Q: Company asking for payment after 7 months of relieving

My company relieved me and verbally told me that My bond is waived. thats why I left the company. After returning I stop the cheque payment. But 7 months later they issued a notice of the cheque bounce. can cheque be bounced even after cancellation? is it right for the company to relieve a employee and then after 7 months to ask for payment? if they would not have waived the bond , I might have cotninued the job till my servicce period? what should i do?

Advocate Saurabh Verma answered
Hi DearFirstly, when the company relieved you, whether you received any e-mail or any intimation from the company after that. IF yes, please tell about its contents. Also when you had joined the company and the bond has been asked for, what is the status of your service joining letter, if it says that company can relieve you at anytime the you can do nothing. If the letter says that the company has to give you a prior notice or vice versa then probably you have better case. However in the present scenario, since 7 months have already been elapsed then it makes out no case as it is barred by law of limitation of Negotiable Instruments Act. At the same time, it is to clarify that in civil law the limitation is of three years. So make sure that the cheque signed by you and the date filled by you is within the time period of three months only, in that case no cheque bouncing case under Negotiable Instruments Act can be made out.Have you need any other clarification please feel free to discuss.

Q: Court dismissed the cheque bounce because filed before limited time

A cheque bounce case has been filled before the limited time, proceeding had been started, after two years the learned court says that the case is not maintainable as because it had been filled before limited time

Advocate Saurabh Verma answered
Hi Dear,If you had filed the case under Negotiable Instruments Act then please understand it is a special law and the statutory time period for everything has been mentioned in the Bare Act itself. However if your case has been dismissed by the court you still has the option to file a civil suit for recovery of amount if your case is within limitation of three years.

Q: Legal remedy in case service centre of product taking time to repair

I had purchased a speaker with 2 years warranty. It belonged to a brand which does not directly sell in India and does it through third party. Recently due to some problem I submitted it to its respective service centre. They said they were unable to repair it and they are out of stock with this model. They said import will take 2-3 months and they are rather willing to return 50% of the amount. Can I press a case against them as the speaker is still in warranty and I won't a full refund if not replacement?

Advocate Saurabh Verma answered
Hi Dear,After going through your querry I would suggest you following remedies:-a) Yes, You can file consumer complaint since the product is still in warranty; b) You can ask for negotiation of the amount since the other party is willing to pay you 50%, you can ask for 70- 80% of the amount. Now you have to chose amongst two since the (a) option may take considerable time of approx 8-9 months to get you compensation, whereas (b) option is into your hands and depends upon your negotiation skills.Regards-