Advocate Vandana Oberoi

Questions Answered by Advocate Vandana Oberoi

Q: Personal loan default + Cheque Bounce

How can I defend NI138 case against me filed by Bank after ecs bounces, Cheque bounce. Bank deliberately declared me willful defaulter, Taken one bail in personal bond, but magistrate ordered to produce a Jamantee worth Rs. 2.5 Lacs before next hearing , Which seems impossible for me under present scenario, I am almost begger. lost job when I was Covid+, No money for advocate or bail. saving spent in treatment ongoing.

Advocate Vandana Oberoi answered
You don’t have to spend much for producing a surety/jamantee. You don’t need any money. Your surety/jamanteee should have property worth 2.5 Lacs. Even if your surety has an old car that will also be worth Rs.2.5 lacs. Your surety can produce the RC of that car and get you bailed out. Your family member or any relative or friend can be your surety/ Jamantee.

Q: A tuition teacher raped her student by calling her alone

A tuition teacher raped his student and took advantage of seeing her alone,By keeping her tuition timings different from everyone else, calling her alone at his house and having sexual activity with her. She was scared and due to fear she could not tell anything to anyone. When she came to 12th, she got the knowledge and then she shared this thing with her family. When the girl talked to the teacher, the teacher said that she had brought something 2-3 years old. Now don't call again, scare her

Advocate Vandana Oberoi answered
In such criminal cases there is no time limitation to report the matter she can report the matter even now. In the complaint she should explain the reason of delay in reporting the matter. If the concerned police personnel do not register FIR the complainant can go to court under section 156(3) Cr.P.C seeking direction to the police for registering the FIR.

Q: Worried about the Cheque bounce

My concern arises from the fact that my father handed over a check to someone in exchange for an agreement. However, upon retrieving the agreement, he unintentionally left the check behind. I am worried that the individual might misuse the check in his possession.is there any way i can prove why this cheque was given, and he did not returned, now blackmailing me

Advocate Vandana Oberoi answered
If date was mentioned on the cheque and three months have been passed, then there is nothing to worry. But no date was mentioned on the cheque in that case that individual can misuse the cheque. First of all try to take the cheque back amicably if that is not possible report the matter in the concerned police station.

Q: Narcissist abuse by Wife awaiting Divorce

My wife has been mentally and Physically Torturing and Assaulting me for last 7 years and I am awaiting divorce from her.She threatens to file 498 and DV if I don't go back to her since I am staying in sepeartion since nov 2022.She does not know my address as if I told her the address she would come and assualt me and injure me.She says that she will misuse 498 to call me back and when I meet her face ro face she will assault me in public.She is suffering from Narcissist Personality Disorder.

Advocate Vandana Oberoi answered
If your wife is torturing you mentally and physically, you can file a divorce petition on the ground of cruelty. You can also file a complaint in the concerned police station, if she threatens you or actually assaults you or injures you.

Q: Desertion by wife - Hindu marriage

My wife along with my 5 year old son is residing separately since April 2021. She restricts my access to my son. She did not allow me to meet him for 14 months and now only lets me meet once in couple of months in a mall for few hours. She is a software engineer with a high income and lives alone with my son in Pune. I want my son to have full access to both parents. Currently he is alienated. Wife is neither willing to return nor willing to discuss mutual divorce. What are my legal options?

Advocate Vandana Oberoi answered
You can apply in court for guardianship or custody of child. As your child is only 5 years it is unlikely that you would get his custody but you can get visitation rights. Once you get order from court your wife will have to let you meet your son. If she refuses despite order of court you can file contempt of court application against her.