Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rhea (Teacher)     22 March 2014

Criminal/civil

Hi,

I am writing this in reference to constant stalking and harrasment that I have been facing through my Ex. while separating ways he forced me to sign a stamp paper writing that I will not marry anyone in my life and took few cheques. i never complained about it as was scared. He filed a NI Act suit in 2010 and presented one of the cheque dating to 2009. Case was settled by my family. He has more cheques in his possession.Finally, I wrote to SHO, ACP and Bank in 2010 about these cheque in a complaint.

Please suggest what is the time limit till when he can file a suit against me, if he has presented any of those cheques in bank. How can I get to know whether or not those cheques were presented as the account stands closed.

What all can he do with that stamp paper if I actually decide to get married now?

Please suggest a remedy that will help me stand against him if he files any suit in future as I am afraid he might present those cheques again or use that stamp paper.



Learning

 8 Replies

Sandeep Naik (Advocate)     23 March 2014

Dont worry nothing will happen as the cheques are of 2010 . Now a days three months period limitation is

there. So far as of your stamp paper is concerned nobody can force you not to marry as the same is given under threats.

Adv. Sandeep Naik ( Mob : 99670 56980 ) Mumbai High Court 

Sandeep Naik (Advocate)     23 March 2014

Dont worry nothing will happen as the cheques are of 2010 . Now a days three months period limitation is

there. So far as of your stamp paper is concerned nobody can force you not to marry as the same is given under threats.

Adv. Sandeep Naik ( Mob : 99670 56980 ) Mumbai High Court 

Rhea (Teacher)     23 March 2014

Hi Mr. Naik,

Thanks for your advice, Requesting for others also to suggest with their valuable opinions

Biswanath Roy (Advocate)     24 March 2014

It is your sheer foolishness to sign upon a non-judicial stamp paper although the fact remains that the commitment for not to marry any girl is not maintainable in the eye of law.  Cheques issued by you are all trash now because those were issued in the year 2009.

T. Kalaiselvan, Advocate (Advocate)     25 March 2014

As opined by other experts, the cheques are obsolete now, hence need not worry about its validity in the present time.  The agreement made in the NJS paper to not to marry will not be binding because there is no law restraining you from remarrying after you have obtained divorce properly/legally through a court of law.

Gagandeep Goel (Advocate)     25 March 2014

Hello there

Your Cheques must have been time barred by now but still you should make a detailed complaint in regards to the recovery of cheques which are lying with him. If he refuses then inform your bank and get its stop payment done and send a copy of the complaint to the bank also.

Further there is no evidentiary value of the said stamp paper, and any agreement in restraint of marriage shall be void as per section 26 of the Indian Contract Act, which means it can not be enforced in the court of law.

Feel free to Call for further clarification

Gagandeep Goel

Advocate

Punjab and Haryana High Court 

0987 220 6969 , goel1119@yahoo.com

Shikha Chadha (CS)     25 March 2014

Hello All,

I would want one legal help from the members of this club, kindly look into the matter and please share your valuable views:-

My cousin nani got expired last year..my mama is the only son of her...the property where the family lives is in the name of nani..there is no will...now the question is that in absence of will, mama will get the first right on the property or nana ji (i.e will he be the husband who will get the first right on the property or the son).

in absence of will, my mama - needs to know the following points:-

1. can nana ji or mami (his wife) has any rights in the property 

2. he is not having the original papers of the property- dont know nana ji or mami- who has taken it

3. he wants to take divorce from mami.

4. his divorce matter was going on in the family- when nani got expired so the matter dint come up till then

5. can nana ji and his wife (mami) jointly/ solely sale the property with/ without the intervention of mama.

6. what legal step mama should take as he doesnt want the property to be sold. The family is in dispute. all the three members dont want to live together. nana ji wants to sale the property and give some share to mami.

kindly advice.


Thanks in advance.

Shikha Chadha

 

Sanjay Gautam (Advocate)     03 April 2014

Hi @Shikha 

how nani acquired the property decide the share of nana and mama, so you need to answer the same


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register