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rajvinder singh 28 September 2009 at 19:45

138 NI ACT

SIR MY CLIENT RECIEVED A DEMAND NOTICE FOR CERTAIN SUM OF RUPEES AS IT WAS MENTIONED IN THE NOTICE THAT I HAVE ISSUED A CHEQUE WHICH WAS RETURNED WITH BANK ENDORSEMENT OF A/C CLOSED.

MY CLIENT RECIVED THIS NOTICE FROM HIS TENANT.HIS TENANT FEW YEARS BACK DEPOSITED THE SUM OF RS. 1 LAC IN A/C OF HIS LANDLORD I.E. MY CLIENT.SAME WAS DEBITED BY MY CLIENT UPON HIS REQUEST.MY CLIENT DISPOSED OF ALL THE CHEQUES AND CLOSED HIS ACCOUNT AFTER THAT.
NOW WHEN HE GOT THE DEMAND NOTICE HE SUSPECTED THAT FEW CHEQUES WERE STOLEN BY HIS TENANT WHICH HE HAS USED TO GRAB HIM IN LITIGATION.
WE SAW THE CHEQUE IN THE COURT .THERE IS A DIFFERENCE IF SIGNATURES AND HANDWRITING.
COMPLAINANT IS SAYING THAT RS 1 LAC WAS TAKEN BY MY CLIENT FOR DISCHRGING HIS LIABILITY HE ISSUED THIS CHEQUE.
LANDLORD IS UNDER SUSPICISION REGARDING THE MISUSE OF OTHER CHEQUE WHICH MAY HAVE BEEN STOLEN BY THE TENAT.
SO TELL ME WHAT SHOULD BE THE FIREST STEP NOW

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attenuator 28 September 2009 at 19:43

section 498A

Dear members,
I shall be greatly obliged for your kind suggestions concerning the following matter:
I have been married for exactly 13 months now but have lived together for only 5 months (from april-aug 2009.)Now for the past one month, my wife has been living with her parents after imposing all nonsense and false allegations on me. I do not know anything about their intentions but apprehend that they may file a false case if the results are not to their satisfaction. In this regard, I have a few queries:
1. Since, there has been a rising misuse of section 498A by urban indian women, is there any remedy which poor innocent husbands can take as a precautionary measure in order to avoid such harrassment by women ? I ask this as I fear that my wife might file a wrong case against me ?

2. While browsing, I found that issuing a court notice under 'restitution of conjugal rights' is one such remedy. How far is it beneficial for a husband in either reconciliation or in convincing the other party for a divorce by mutual consent? I ask this as she might harrass me and try to extract money to agree for divorce.

3. Even if such court notice is issued, I fear that my wife can still file a case under 498A as retaliation. I would like to ask the members if issuing a court notice under 'restitution of conjugal rights' by a husband dilutes and weakens wife's idea in indulging in such cheap acts and what would be its other consequences ?

My stand here is that if my wife is willing for a divorce by mutual consent, I would immediately agree to it but I doubt that and hence shall be extremely thankful if you all could help me out from this extremely undesirable situation!

Thanks

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Avinash kumar seth 28 September 2009 at 18:53