Advocate Sanjay Kumar

Questions Answered by Advocate Sanjay Kumar

Q: Wife claim maintenance under 125 CrPc & section 24 of HMA

Can wife claim maintaince under CRPC 125 if she is already getting maintainance under HMA 24 ? Is this below judgment of SC says that Prevent Interim maintainace under sec 125 if case is going on in HMA 24 https://indiankanoon.org/doc/1162687/ Please help, if this judgment could be used to reject 125 petation, i have read it but not able to undersand completely.

Advocate Sanjay Kumar answered
wife is not supposed to take maintenance from two places. You can make a prayer before the court that she is already getting pension from one court therefore this separate maintenance petition has become infructious or does not require to pass a seperate order of maintenance.

Q: Doctor filed IPC 307 against me for beating him

A doctor had filed filed IPC 307 against me for beating him.He had his clinic behind my plot and my renter had beaten him inside his clinic. At that time I was not present on the spot even then I was considered the culprit and my renter was forgiven by the doctor saying I was the man behind all this. Please suggest me what to do before going to CGM court and after.

Advocate Sanjay Kumar answered
It does not clear from your question as to what allegation has been leveled against you in the complaint or FIR. Suppose if the doctor does not say about your presence in his complaint certainly you are not to worry but if your name is there and allegation of your participation is there you have to rush for bail either anticipatory or regular bail from the court.

Q: Criminal case against manager who has absconded after taking money

A branch manager escaped from abroad after committing financial irregularities and stolen relevant customer loan documents and post dated cheques before reaching his native place in Bettiah. Already local Indian embassy is approached and a criminal complaint lodged. How to proceed further to arrest him and recover the loan documents and money?

Advocate Sanjay Kumar answered
This matter relates to occurrence committed outside India, therefore rule of law is applicable to that country where the branch manager had committed crime. The Govt. of India as well as state govt shall do in accordance with the mutual accord and in view of the provision of International Law (Geneva Convention).

Q: What is the Punishment for Murder?

If a man do murder of any person then what was the punishment given to the murderer as per the Indian Law?

Advocate Sanjay Kumar answered
If the charges are proved in the court of law the maximum punishment is capital punishment other wise it depends upon the court to award punishment within the parameters of provision under section 302 of Indian Penal Code.

Q: How to claim share in ancestral property if transfered to others name

Dear Sir, My grand grand father has purchased Agricultural Land on the name of Elder Son, who was very closed to him. After his death the land is not transfer equally to his other 3 son even after 3rd generation has gone and his 3 sons farming the manually shared land without any legal documents. The taxes of land is being paid by his elder son only and receipt he keeps his own and don't shares to us. but we pay his the equal charges for the same. Area of concerns: His ( Elder Son's family may acquired the his shared land from his other 3 family as they do not have land paper. Request you to advice as well.

Advocate Sanjay Kumar answered
File a suit for partition saying that the grand father had purchased the said land in the name of his elder son and they are still joint in mess and property. Ther is no separation in the family property so far.