Advocate Swati Ghildiyal

Questions Answered by Advocate Swati Ghildiyal

Q: Can wife force and stay at husbands house after filing false cases

my brothers wife has filed a case of domestic violence and dowry demand. Now they both are living separately. My brother lives with his parents and now she wants to come and stay with him at his house. we dont want her to come and stay with us there, what can we do legally?

Advocate Swati Ghildiyal answered
Hi,Could you please clarify, if the house belongs to the husband or his parents? If the house belongs to the parents, the daughter-in-law has no right to stay there. The parents can file an injunction suit against her. However, if the house belongs to the husband, then the wife has a right to stay in that house. In that case, the husband can move out of that house and stay in a rental accommodation or any other house leaving the parents to stay in that house. However, the wife has a right to stay with the husband, wherever he lives or in the alternative entitled for maintenance, whichever suits her . Meanwhile, the husband can also file for a divorce against his wife.

Q: Cheque bounce case pending and not able to pay settlement amount

i m facing check bouncing case from bajaj finance against personal loan but present i m totally financialy weak i m not able to pay settelement amount also opposite party giving me settelement of 60000rs for 1 short but i m nt able to pay either emi also .....i m jobless from 1st august 2015 n untill i m jobless

Advocate Swati Ghildiyal answered
Hello,The information provided by you is not complete. Is a cheque bounce case pending against you in a court of law? If yes, then specify, it is it at what stage. Also, have you reached a settlement with the complainant before the court or otherwise? If you've reached a settlement before the court, you can seek a further extension of time subject to the permission granted by the court and consent of the complainant.

Q: Whether Complaint u/s 138 through authorize signatory maintaina or not

A complaint under section 138 filed against the firm through authorised signatory is maintainable or not.moreover there is no verification at the foot of complant

Advocate Swati Ghildiyal answered
Hi,A complaint under section 138 of the NI Act, 1881 against a firm through an authorized signatory(AS) alone, is not maintainable against the said AS, however if the proprietor has also been a made a party in that complaint, then the complaint would be maintainable against the proprietor . It is further to be noted that, even if the AS had signed the cheque in question on the behalf of the firm, he would still not be liable under section 138, since he is only a "mandate holder" and not the drawer of the cheque within the meaning of "drawer" under the Act, as the same was in the account of the concerned firm.As far as the query regarding verification is concerned, there is no verification required in a 138 complaint under the NI Act, 1881 at the end of the complaint. A verification is required only in a plaint and written statement filed in a civil suit. Feel free to ask for any further clarifications.