Advocate Krishna Kant

Questions Answered by Advocate Krishna Kant

Q: Procedure if two cousins wants to get married

If boy is 19 yrs and girl is above from boy and same religion Hindu or they also cousin can they marriage or by any legally live together

Advocate Krishna Kant answered
Firstly boy is less than 21 years therefore he has to attain 21 years secondly you both fall under sapinda relationship therefore u guys cannot marry legally.And therefore your marriage will be illegal in the eyes of law.

Q: What is the basis of determining compensation for land acquisition

I am a resident of Lucknow. A piece of my land is being compulsorily acquired under Land Acquisition Act by NHAI. The land is situated outside Lucknow city around 7 kms ahead from the airport towards Kanpur. As per Land Acquisition Act, multiplier for compensation depends on whether the land is situated in rural or urban area. I need to know the basis for determining the same i.e. whether it depends on the aerial distance or circle rate list. Going by the latest circle rate list, this land is covered under semi-urban category. Kindly help to determine the same which will fix the compensation accordingly.

Advocate Krishna Kant answered
The compensation of the acquired land is determined on the basis of the Circle rate fixed by the collector. However depending upon the nature of the land, it's location.,standing trees and crops as well as the current market value of the adjacent land.,reference can be made for the enhancement of the compensation to be awarded As per the current market value

Q: How to preempt threat of false dv 498a cases from wife and family

what if wife's family call's husband alone and issues threats of false DV, 498a cases and demands huge money to avoid nuisance? They have already taken 40 lakhs from our joint account and all valuables, now want more, they have already filed false divorce case on cruelty and asking for alimony and 50% share in property also where she is 2nd co owner

Advocate Krishna Kant answered
The information in incomplete.by the way u can divorce her or lodge a f. I. R against her stating the whole consequences and also state the things with evidences as to what she had taken.and give the complete information to the nearest police station and also to the national commission for women through your mother.

Q: Remedy in case wife filed false domestic violence case

my wife filed a false domestic violence case against me and my family. She is working as a govt. teacher and i am working in a private job. She has demanded a compensation of Rs 20000 and a maintenance of Rs 150000.Also she is accusing us for dowry of Rs 300000.Please help me. I am so tensed with this false case. She has blamed us that we beat her and ghar se bhaga diya usko which is wrong. She went to her maiyaka and never came back. She also forces me to leave my parents and live with her.How can i get rid with this case. Please help me

Advocate Krishna Kant answered
U can move to family court for restitution of conjugal rights under section 9. Of the Hindu marriage act and try to get it resolved at mediation centre. And thereby u can settle your matter.And thereafter u can either divorce her or mutually file a divorce petition under section 13b and get the divorce.

Q: Division of property after the death of father in absence of will

Sir/mam My father passed away in dec. 2015 before his retirement as govt. servant.So my mother and me decided to give his job to my elder brother during that time he promised to support me financialy in my studies as well as will take care of the family which consist of me my mother and him(brother) but after his marriage which was o june 2017 he refused to help me anymore in my studies and is not even supporting my family financialy.He has made my as well as my mother's life hell and is now demanding his part in property.I wanted to know thay does he hold any right on property of my father as he has not left any will after him even if my mother is alive.

Advocate Krishna Kant answered
Yes he has equal right as u .now the property will be in the name of your mother and after her death the said property will devolve around u both.and also your mother can claim maintenance under section 125 cr. P. C from his son.