Advocate Sushit Kailash Soni

Questions Answered by Advocate Sushit Kailash Soni

Q: Wife trying to separate from family & threatening to file false case

Hi I want a divorce from my wife because I think she wants to separate me from my family. Many times I have heard that she wants to separate me from my mother. I have sent her to her mom's home for 3 months but now she again came back suddenly without informing us. I am straight forward asking them ( her mother & father) to take her back as I don't want to continue this marriage because I don't trust her anymore. Her family is not taking her back and saying that they will file a false case against me. What cases they can file? Do I need to collect any proof of my innocence? We are well educated people, we never asked for any dowry. We never ever hit her. I shouted many times on her but never hit her. Please suggest what to do?

Advocate Sushit Kailash Soni answered
Dear client,She is ur wife, being wife she is entitled for some rights, u can not divorce her straight otherwise u have to pay a lump sum alimony, even if she is not fair, u need to proof mental cruelty on her part, then only you can be saved from alimony, on the other hand she can sue you for dowry harassment, domestic violence and such other false litigation, falseness of her litigation will be part of evidence, but finally you would have to face troubles, do one thing collect proof whatever to proove her cruelty,hire a competent lawyer and file a divorce case taking ground of mental cruelty, court may free you from alimony.Hope you are satisfied, thank you.

Q: What should I do if the cheque given by me is about to bounce

have given someone money foe investment and he had guaranted to return the amount in feb.however has not. I have a cheque from him but it will bounce. Also I have an affidavit stating the same.pls advise

Advocate Sushit Kailash Soni answered
Dear client,First of all, try to convince him, negotiate with him but do remember if the cheque is drawn with date in it then it's validity is 3 months from date of its issue, so if you are closer to the limitation then don't waste the time , submit the cheque for encashment to your banker, it will bounce during presentation,get the cheque bounce memo, hire a lawyer issue a demand notice immediately and in case of failure of other side, go for filling the complaint under section 138 of NI act, you will get your money.Thank you.

Q: What is the possibility for RCR if wife living separately for 8 months

Hi My wife deserted me after 8 months of the marriage.She is very hot headed,wayward and egoistic and dominating type of girl.Her reasons for desertion are my financial condition which according to her does not suits hers,although i had gave her clear cut details of my income and liabilities before marriage.Secondly she tries to prove me impotent in front of my and her family and Humiliate & compels me to do advance semen's test,which later founds to be perfectly Ok and Normal.i have all the medical certificates regarding this with me..But bye then she had already created all the drama and left the home.Her family had taken her side without listening me..And now i also feels that living with such girl is impossible.Earlier she used to say i cant live like this and i feels suffocating.But now she doesn't comes forward for divorce and instead stays with her mother from past one year.I also feels that this relation has no future...I had read about sec-9 RCR and Judicial sep.Pls Suggst

Advocate Sushit Kailash Soni answered
Dear client,RCR as mentioned by you is Restitution Of Conjugal Rights, you seems to be unfamiliar or unadjustable to ur wife, in these case you are talking about sec 9 petition, be clear what u want, you want divorce or you want to lead life in her company. Judicial separation is again different aspect, judicial separation is that period where a spouse has filed a petition for mutual divorce and the court has granted compulsory separation of six months, that is judicial separation, now all you need to do that first decide your priority, is it divorce then hire a lawyer and file a petition by taking ground of cruelty or if you both are ready then go for mutual divorce. Find what suits you better.Thank you.

Q: Mutual divorce from wife, she seeks alimony, earns much more than me

I'm serving in Armed forces and my wife is also in armed forces as doctor (MBBS, MD). Iam plain graduate. Now we want to separate mutually. But she keeps on harping about alimony & maintainence. She is earning around 20k extra thn me. Will she get any alimony. 7+ yrs of marriage. In which circumstance I can keep my 6 yr old son wd me ? I'm hindu by religion

Advocate Sushit Kailash Soni answered
Dear client,It is settled law that if a women is earning sufficient amount in order to lead a good life in such case she is not liable for maintainance, but in case of one time alimony, it is the right of the women, no court will interfere in the matter, u have to amicably settle the matter, also you have to settle the question of custody of child amicably, however on the other hand you have a remedy to file a separate petition for grant of custody of your child, but it will be better if you able to get the matter decided amicably, don't forget to reduce the conditions in writing. Thank you

Q: Managment and HR departments ill treating all the employees in office

I previously worked at an agency where the Senior Management and the Human resources department has been ill-treating the employees by threatening them not to pay their salaries delaying the payment of FnF for more than 6 months, changing policies as they please, deducting the day's salary just for attending a training late, delay in payment of salaries, holding experience letters of ex employees, implementing rules of not joining any agency for 6 months and not joining any company worked with for a year( where in other agencies the gap is of 6 months max). Please help me out to bring in justice to all the existing and ex employees who have been struggling to get their hard earned money.

Advocate Sushit Kailash Soni answered
Dear client, You by yourself able to take care of the faulty organisation or its department, no legislation in the world prescribed for such harsh norms and rules, all you need to do is to make a complaint before the regional or local labor commissioner addressing the atrocities taken up by the so called organisation, gather the relevant document and go to the labor commissioner.Hope u are satisfied with the solution.Thank you.