What is uncontested Divorce?

Uncontested divorce or divorce by mutual consent is a form of divorce where both husband and wife agree to dissolve their marriage and there is no disagreement as to the same. It is the simplest, easiest and fastest way to dissolve a marriage.

What are the mandatory conditions required before filing a petition for mutual divorce?

3 conditions required to be fulfilled are:

Husband and wife should be living separately for a period of one year or more;
During this period of separation, they have not been able to live as husband and wife;
They have mutually agreed to obtain divorce.

How is maintenance and alimony decided in divorce by mutual consent?

Maintenance and alimony in divorce by mutual agreement is consented to and agreed by both husband and wife mutually. The amount is decided by a mutual agreement keeping in mind the social status, maintenance of wife, maintenance and education expenses of the child, wife’s income and employment status, income of the husband and ability of wife to maintain herself.

What can the other party do if petition for mutual divorce is withdrawn by one party?

The other party is left helpless when the petition for uncontested divorce is withdrawn by one party. The only remedy available is to file a petition for a normal divorce which can be contested in a Court of law on any of the other grounds (like cruelty, desertion, conversion, renunciation) except mutual consent

Can I send the cheque again to the bank if it has bounced once?

You can send back the cheque to the Bank even if it has bounced once. Dishonour of cheque once or twice does not curtail your right to represent to get it encashed. There is no restriction regarding the number of times a cheque can be presented.
Every subsequent representation and dishonour give rise to fresh cause of action for filing complaint. Thus, if you represent the cheque and it is dishonoured again, it turns the tables in your favour giving you additional cause of action to file a complaint under S/138.

Can I file a case after the lapse of limitation period?

Yes, you can file a case under Negotiable Instruments Act after the lapse of limitation period i.e., 30 days after the expiry of notice period. You need to justify the delay with a reasonable reason to the satisfaction of the court with the help of best cheque bounce advocates in India.

What are the legal remedies available if your cheque is bounced?

The legal remedies available in case of cheque bounce are:

Action under Section 138 of the Negotiable Instruments Act: In the event of the expiry of a notice period of 15 days, the payee has the right to file a criminal case within 30 days of such expiry of the notice period in a court of competent jurisdiction with the help of experienced cheque bounce lawyers in India.
Civil Action as Summary Suit: This remedy is available for a longer duration of time. You can file a summary suit for debt recovery in India for the cheque amount along with interest and legal expenses. Notice can be issued to file the summary suit in regard to the recovery of money.
Criminal Action under Section 420 IPC: This remedy is in the nature of criminal suit for the offence of cheating under Section 420 of Indian Penal Code (IPC) within 3 years from the date of issue of cheque. The remedy is not directly related to a cheque bounce case. It is only applicable if you can prove that the drawer cheated you and had dishonest intention to cheat. It is but an additional remedy in cases where cheating forms a part of the offence.

Who can draft a legal notice?

A legal notice, must adhere to the laws and regulations laid down by statutes. Laws regulating notice are of procedural nature, therefore, require more vigilance and care while drafting a notice. Ignorance of the law is no excuse and thus a legal notice should be drafted by expert civil litigation advocates carefully.

When can a legal notice be sent by a consumer in the form of a consumer complaint notice?

Complaint may be made under Consumer Protection Act can be made by the consumer under following conditions with the help of good consumer protection lawyers in India:
Loss or damage is caused to the consumer due to unfair or restrictive trade practice of a trader or service provider;
The article purchased by a consumer is defective;
The services availed of by a consumer suffer from any deficiency;
A trader or service provider, as the case may be, has charged for the goods or for the service mentioned in the complaint a price in excess of the stipulated price;
Goods or services, which will be hazardous to life and safety, when used, are being offered for sale to the public.

What if there is no reply to a legal notice?

It is not mandatory to reply to a legal notice, yet it is advisable to reply appropriately to the notice bearing in mind the laws applicable. No reply to a notice can add an advantage to the sender in a court of law. Thus, to ensure that no reply to notice should not become a ground proving your fault, it is always preferable to reply to such notice. You can hire the best attorneys in India to send a reply to a legal notice.