Advocate Sushil Kumar

Questions Answered by Advocate Sushil Kumar

Q: Is working woman not entitled to maintenance post separation

Religion: Hindu. I got married in Delhi on May 2013, we stayed in my matrimonial house for 15 days as we both were working, later I took transfer and shifted with my husband in Bangalore on June 2013. We used to go my matrimonial house once in year during Diwali festival. Demands of my husband & in-laws were increasing day by day & they were not treating me well and they also restricted me from visiting my parents. They were also taking share from my salary, when we were not able to meet their demands, my husband deserted me and shifted to abroad. Case is going on & is on interim arguments stage, but I feel that my lawyer is forcing me to settle the matter by accepting some amount. We have the proof of dowry which we gave hard core cash worth 16 Lakh. But my lawyer is neither asking for stridhan nor for the matrimonial house. He is saying that since I am a working lady, I will not get anything, If I am working can my husband leave me without saying a word. Am I not entitled to anything.

Advocate Sushil Kumar answered
Dear Quearest As per facts you are working, for this reason you will not be liable to get maintenance, because of law laid down by the various courts. But you are still liable to get your Stridhan and dowry which your family gave to your in-laws.

Q: procedure to send notice and claim amount in case of cheque bounce

I was given a cheque by a builder which I presented in my home bank branch. The cheque bounced because drawer stopped the payment. I sent him a notice through my email which he didn't acknowledge despite reminders. 1. Was notice through email valid and "cause of action" has started or should I send him notice from lawyer and then the time will start. 2. Also, can I present the same cheque in Delhi in a different bank where I hold account, again as I want to fight the case in Delhi. 3. If the "cause of action" has arisen can I still file case in Delhi as the Drawer is from Delhi.

Advocate Sushil Kumar answered
Dear Querist, as per the date if you can present the cheque in the Bank you can deposit in the any account which is in your name. You can also filed a case Delhi because opposite party resides in Delhi.

Q: Appealing for waiver of interest on tax and penalties at Apellate trib

Hi, my dad was an NRI and came back to India after retirement in 2001. He hasn't earned any money in India before or after 2001. In 2008, his sister gave him money in cash as per his share in sale of old ancestral property sold in 2001. In 2016, the IT dept asked them to file taxes for 2008 year in which he declared the inheritance. This was however treated as concealment and tax plus interest for 8 years period (2008 to 2016) and extra penalties for failing to meet the Assessing officer were levied on them...the total amount is 4 times the tax. (my parents are senior citizens and were not in good health and missed only one meeting) On appealing to the CIT (A) stating that we were incorrectly accused of concealment, the appeals officer rejected it saying only Affidavit of dads sister stating she deposited the money in my dad's account was not enough and a sale deed was needed which was lost..is it possible to ask for waiving Interest and Penalties at Tribunal level.

Advocate Sushil Kumar answered
Dear Querist, As stated that the CIT(A) has confirmed the addition made by Assessing Officer. Now you are moving to Tribunal. But we have to obtain necessary documents as required by the CIT(A) in his query. We have a chance to win at Tribunal level. I need more details to give detailed reply.

Q: Remedy for cheque bounce as friend deposits cheque without consent

my friends chit me and deposit my blank check fill up amount 200000 nd file the case i have no proof againt my friend plese advice what can i do

Advocate Sushil Kumar answered
Dear querist You know that your friend filed false case. But he has to proof in court that such transaction is valid transaction. You should counter the same. Please engage any good counsel, who will defend

Q: Can a father avoid paying maintenance for his child

WIFE INCOME IS 68000PM. HUSBAND INCOME IS 35000PM. STILL MAINTENANCE FOR THE CHILD ORDERED BY JUDGE AS RS10000PM.REVIEW APPLICATION TO THE JUDGE STILL PENDING. BUT JUDGE ORDERED THAT FIRST GIVE UNDERTAKIG TO PAY 50%. JUDGE HAS NOT ORDERED THAT REVIEW WILL BE TAKEN UP FOR ADJUDICATION. WHAT TO DO SIR?

Advocate Sushil Kumar answered
Dear queristIf the child is in the mother custody and she is earning more than you in this condition mother has to take care of child. Because she is earning almost double than you. Please file earning documents of your wife along with affidavit. Judge will consider