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.
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.
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.
The other party is left helpless when the petition for uncontested divorce is withdrawn by one party.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
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.
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.
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.
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.
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.
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.