Advocate Yogesh Shah

Questions Answered by Advocate Yogesh Shah

Q: Time period remaining to file the case in court

Sir we have send notice to defaulter of the cheque on 3 October and he gets it on 5october (A.d)he did not reply of our notice how much time we can wait to file case in court ie last date till we can file a case in court pls tell

Advocate Yogesh Shah answered
According to sec 142 of n.i.a. you have to wait 15 days after received of notice by defaulter that means your cause of action arise after completion of 15 days from 5th Oct that mean on 21 Oct to 21 nov after that you can file case in court. for more you can consult with me

Q: Can divorce be filed without a marriage certificate

I don't have marriage certificate. 5 years complete my marriage. without certificate I'm taken possible for divorce

Advocate Yogesh Shah answered
No need to worry ,Yes ofcours you can file your divorce case under sec 13 of hindu marriage act 1954 in court were you reside with proper court fees there is not need or compulsary to get certificate of marriage....

Q: Forcefully married one month ago want to file for divorce

hello sir ji mai apko batana chahta hu ki meri sadi abhi hui h karib one month pahle or meri sadi meri marji ke khilaf hui h maine sadi kuch karan vas ya samajhiye dabab mai kiya hu ye sab mere papa or mere saas ki mili bhagat h or ab mai iss sadi ko thodna chahta hu iss sadi ke bajay se mere ghar pe har din ladai jhagda hota h or mere papa mere mummy ko sasural walo ke traf se wine peeke aate h toh mere mummy se ladai karte h or unhe marte bhi h toh sir please apse nivedan h ki mujhe kuch batayiye jissase mai ye sadi thod sakun or iss sadi se mai chhutkara pa saku please please sir i am requested sir pleade help me

Advocate Yogesh Shah answered
Koi bhi divorce case file karne ke liye kam se kam apko 6 month to 1 year married couple ko sath me rahena padta hai.In other case agar ap dono ke bich adjustment nahi ho pa raha hai aur situation bhut gambhir hai to 6month se pahle bhi divorce ka case file kar sakte hai fir wo court ke uper hai ki accept karna ya na karna.

Q: How do we proceed in a criminal case after filing FIR

A person hit me, my leg and hand has fractured in incident, I filed FIR in IPC-325,294, 323,506 but not in 326 and what will happen after that, how to give punishment by court and what I have to do.

Advocate Yogesh Shah answered
1.This all offences are compoundable between them if both parties are agree upon this under sec 320 of crpc 2.if this will not then normal procedure have adopt by court and make judgment whether accused will convicted or acquittal.

Q: Filing for divorce as husband an alcoholic & have extra marital affair

I am 54,with 2 grown up children and a hindu. My husband is an alchoholic and involved with a woman too. Doing nothing and loan to pay about 35-40lakhs. Our house is mortgaged. Loan is in my name. I want to come out of all this.

Advocate Yogesh Shah answered
First you try to make understand your husband and say to him not to do all this things and second thing you cAn be go for filling divorce suit in family court under sec 13 of hindu marriage act on the ground of extra marital affair and cruelty too.