Advocate S N Shukla

Questions Answered by Advocate S N Shukla

Q: Police not taking action on physical assault case

I m working as a field executive for a financial company. On a visit to a costumer,after hearing company name, he started abusing company and me. And then beat me up. There was no blood or injury marks. I filled a complain in police station but they didn't take any action then and ask me to give my statement in written. They called me after 10 days and asked if I want a settlement, which I refused down. Now police is saying me to provide MLC report to send my case to court, which I don't have. Was it my responsibility to get MLC report at that time or police should have done it. What can I do now?/.

Advocate S N Shukla answered
MLC is not at all required if you do not have any physical injuries. send a writing complaint to concern PS and Higher official of police. if no action taken then file a complaint under section 200 Cr.P.C. before concern court with an application under section 156(3) Cr.P.C.

Q: Girl threatening of me lodging false police complaint

A girl whom I met in 2012 and then we had no contact with each other. now in 2018, she is asking me to return her money and some sub-inspector is calling me to sort out matter else u will be in trouble.paise sirf 10k the ,jo ki aapas me khrch hue..now she is asking 1 lakh..what to do

Advocate S N Shukla answered
File a written complaint against that girl and and that person disclosing therein the number from which you have received from the call from alleged police person. If no action is taken then file a simpler complaint higher official of police. She can not legally claim that amount.

Q: How to file a domestic violence case

We don't know the how to file complain where to file complain. Police are not helping us they are not filing FIR against guilty . my sister is victim . please let me know the procedure how to file complain. We r Hindu. And also our financial status is not good.

Advocate S N Shukla answered
First of all file a complaint before the concern police station if the police is not receiving the complaint then send through reg. Post. If still not action taken then report the matter toAcp/ DCP/ SP you may send the complaint through reg post. Still no action taken file a complaint u/s 200 Cr.P.C with application u/s 156(3) for registration of FIR

Q: PC act case after retirement- passport in the custody of trial court

My passport has been deposited in trial court. Trial court refused permission to visit children in US on the ground that children can visit me . I am totally innocent in the case and the trial will take long due to very large number of witnesses. I have failed till Supreme Court. Is there any option left. 

Advocate S N Shukla answered
This is not a ground of refusal for permission for the proper advice your complete trial court record may be required, however you should challenge the order of trial court before High court as High court must allow it after taking sufficient security

Q: How much maintenance can be demanded by wife in case of gov job?

I am a govt servant .My monthly income is 70000.I am married for 1 year now and have no child .How much maintenance can be demanded by my wife after divorce through court ?

Advocate S N Shukla answered
It's depend upon your other liability and assets and it has to be paned and prepered if you would be able to describe your case we'll in that eventuality your wife can't be entitled for more than 25 percent