Advocate Rohit Kaul

Questions Answered by Advocate Rohit Kaul

Q: I want divorce from my wife

Meri promblm meri shadi ko le kr hai meri family ne 2015 me meri shadi kro di ,or jb me ldki se milne gya to ldki ki papa ne kaha ki nhi mil skte muje ajeeb lga mane apne papa ko b btaya but wo nhi mane phire shadi krwa di ,ek sal tk ldki apne garh me rhi kyuki yeh shadi se pehle hi tay hua tha but ab wo mere sath rehti hai muje chahiye thi koi padi likhi wife ho but wo to +2 fail hai me uske sath life nhi bita skta mane sb ko btaya but kisi ne meri nhi suni or emotion etyachar kr k chup kra diya ab finaly me frustrate ho kr garh se bag gya ab kya kruplz meri help kro.

Advocate Rohit Kaul answered
Well, you can initiate for divorce proceedings on various grounds. One would be that it has been over 2 years since the marriage and you have not in the past year ever come in close contact of her. Yet we would require various other documents to first analyse your case.

Q: what is the legal consequence of not paying mobile bill to the company

 I failed to pay my Idea mobile bill of 3000 post which my mobile connection got suspended. I just want to know what legal action can be taken if I do not pay the bill. I have been getting rude and harassing calls from Idea's recovery agents for the due bill.

Advocate Rohit Kaul answered
well it is a long time consuming process, do not expect any penal process, they will keep calling you for mediation for the next 2 years and keep calling you for the lifetime. You can even settle in lesser amount.

Q: Need to have legal opinion in false rape case

FIR was filed against me u/s 376, 328, 354D & 506 on February and I got arrested. After 8 months, got bail from HC. This month, in cross examination, prosecutrix confessed that all my evidences shown i.e. emails, whatsapp, sms, photos are genuine and sent by her only. Also she admitted her true phone no used for our communication. After cross, I submitted application for getting CDR with locations to further cross as she used to call me daily & visited my rented flat regularly for 3 months, before the alleged rape as well. ASJ rejected CDR application saying she is no way related to CDR and can't be questioned showing CDR! I need to know opinion of respected lawyers ... can she be further cross examined by showing CDR & location? If that happens, all her lies will be exposed. Please respond. Due to shortage of space, gave only min. details. Thanks in advance

Advocate Rohit Kaul answered
well u need to move an application under S. 65B of the Indian Evidence Act, 1872. Thereafter, the prosecutrix can be further cross-examined with regard to the CDR. An application would have to be moved in this regard.

Q: Clarification on share of property to person who filed partition suit

Does share will be given to party in a part suit who has not filed suit but has legal right in property

Advocate Rohit Kaul answered
yes, because if you are seeking say your own share which is approx. 1/6th, in such a scenario how can you be provided a share without dividing the entire property and without everyone being handed over their share.

Q: Can 17.5 years accused person be treated as major ?

My mother was murdered by a domestic help at Dwarka, Delhi on 15 July, 2016. The servant is 17.5 years old. The JJB has decided to treat him as a child and not as an adult based on a physiologist's recommendation. The servant has pleaded guilty. FIR states that he used a knife and stabbed 30 times. Committed a robbery, hided the knife, cleaned the crime scene, called my father and fabricated a story that outsiders came and committed this crime. I want to know how can I contest the judgement of JJB taken on 18 Jan to treat him as a child. The JJB will take final decision for punishment on 7 Feb. Can we argue to treat him as an adult due the the nature of crime (heinous) & his age 17.5 years and is it worth challenging this in sessions / high court? Appreciate a fast response. Regards,

Advocate Rohit Kaul answered
Well as per the new act (Juvenile Justice (Care and Protection of Children) Act, 2015) yes you are right, the teenagers in the bracket of 16-18 yrs are to be treated as majors for the offences which are heinous and rarest of the rare.