Advocate Vivek Chadha

Questions Answered by Advocate Vivek Chadha

Q: Legal query regarding documents to be filed with divorce petition

Hello I have filed a divorce petiotion and i got know that court has been sent notice to my wife. In this regard i have submitted my IT Returns, Bank Statements, Pay slips, Evidences etc.. these documents are also sent with this notice.. is this mandate to send my personal documents also send with notice?

Advocate Vivek Chadha answered
If your divorce is Mutual Consent Divorce: S-13B then the following documents requires:Address proof of husband• Address proof of wife• Marriage certificate• Four passport size photographs of marriage of husband and wife• Evidence proving spouses are living separately since more than a year.• Evidence relating to the failed attempts of reconciliationAlso, it is important to note while talking about the documents required to be submitted by the petitioner, that they need to submit photocopies of the following documents once petition for divorce is filed in the appropriate Court.• Income tax statements for the last 2-3 years• Details of profession and present remuneration• Information relating to family background• Details of properties and other assets owned by the petitionerIn case of cruelty: Marriage certificate• Address proof of husband• Address proof of wife• Medical reports proving physical abuse• Evidences laying down cruel behavior• Submitting copies of outrageous acts like putting up advertisements in newspapers, if any.• Statements of persons who witnessed the cruel act• Four passport size photographs of marriage of husband and wifeso, it all depends on the ground on which you filled the petition for Divorced.

Q: Notice period by company to recover amount in lieu of notice period.

Hello sir, I have worked in a Pvt company for only 5 months as a senior executive post in accounts department. They mentally pressed me due reason I resigned on 4 Feb 2017 and gave him a notice of 15 days. Now after multiple follows for my FNF they sent me the company notice stating that you have not paid the notice period recovery amount on the basis of gross salary and wanted me to pay 80000 thousand something. Even I am ready to pay the basis amount for non complete the notice period as no clause is mention in the offer letter to charge the gross amount. As per offer letter 90 days notice period is required, am I come in the labour category as my salary is 31500. They have not deduct PF to any employee. Can it be a ground to file a suite. Some one is saying they will file a civil suite against you. Pls suggest whether I have to pay the said amount. Or what to do I am in trouble. Can I send a legal notice to HR and manager?

Advocate Vivek Chadha answered
Firstly,send a letter to company and seek detailed break up of how figure of Rs 80000 was arrived at Second, you were required to serve 3 months notice period if you were confirmed in writing Third,in your case you served for 15 days only . company can recover from you amount for shortfall in notice period Lastly, contact a local lawyer and reply to demand letter

Q: Legal remedy against non payment of salary

How to get my salary from the employer who is refusing to pay

Advocate Vivek Chadha answered
If the appointment or salary letter is in Writtent Form then,We can send a legal demand notice After that If they would ready to pay then ok then approaching police for a cheating case, where there is enough evidence for such fraud, and your lawyer should assist you in this. A majority of such complaints are not accepted due to weak drafting and lack of prima facie evidence. After that go to the Labour Courts if they find true then, we will file a case against them for recovery of salary amount.They would also liable to pay all litigation charges of your case,.

Q: Work done but payment terms not clarified

My employer employed me as a technical supervisor for events, the payment discussion for which was put pending by the employer due to work commitments from their side. apart from technical supervision, I had to do labor work of transportation too for the equipment which was not mentioned, do I have any grounds of benefit?

Advocate Vivek Chadha answered
If you had any contract in writing or if you have any proof of the work done by you,or if you have any kind of documents,receipts or slips which proof your work done by you then you can file a case. Without any proof, no case or action would be maintainable and court cannot consider your claim without any documentary evidence which proves your case but , you may approach trade unions or Labour unions for your satisfaction.

Q: Wife deny for second motion of mutual divorce

Hello Sir. (Hindu) , I got my First motion signed by my wife on 23/9/2017 now my second motion is on 22/3/2018 .(We are separate since 2011) I have paid first installment (25% of the total amount) , second installment(25% again) is on the day she will sign the second Motion and last and the 50% amount of the total she will get when she will help me to quash the F.I.R. Now my worry is that ,what if she deny for second motion , how i will get my money back , how many cases i can file against her and which sections we can put on her. What about the old cases (125, D.V,498A , Divorce case which i have filed on 14/4/2014 , was in the last phase , some other small cases to fetch the money from me.), she agreed to called of all the cases and my divorce case is called of by the Judge. I hope i have mentioned all the necessary information to get to know my situation. Please help. Thanks and regards.

Advocate Vivek Chadha answered
In a Divorce by mutual consent, both the parties have the freedom to withdraw their consent as the consent cannot be taken by coercion.However, If you and your wife had entered into a settlement agreement while filing the divorce by mutual consent whereby the In mutual consent divorce petition there is no exparte order is delivered by the court.The court is bound under such circumstances not to grant a decree of divorce. After the dismissal of mutual divorce petition either party can file divorce under the ground of cruelty or other grounds for getting divorce under HMA act.or any other grounds like cruelty; desertion; voluntary sexual inter-course with another person; the other spouse being of unsound mind; conversion of religion by the other spouse; Leprosy; venereal disease; a spouse having renounced the world or being missing for a period of more than 7 years. If you are not appearing before the court on the date of second motion, the court may give one more chance by posting it to another date and if still fail to appear on the second date too, then the court may decide to dismiss the petition If acting on the settlement you have made any payment, you can file a complaint for cheating on your wife. Alternately, the remedy available to you is to file a Divorce petition under any of the grounds mentioned under Section 13 of the Hindu Marriage Act, 1955. This would be a contested petition and may take a much longer period for you to get Divorced as compared to your current petition under Mutual grounds wherein the time taken is 6 months under normal circumstances and 18 months under other circumstances related to your case.