Advocate Tanveer Khan

Questions Answered by Advocate Tanveer Khan

Q: what legal remedy against Domestic Violence case from wife?

My wife filed DV case and 103 IPC against me and my parents after one year of deserting me and threatens to file 498a. Her parents and relatives abused , assaulted and filed false complaints about me whenever I try to bring her back plz help

Advocate Tanveer Khan answered
Greetings! Section. 103 of IPC cannot be filed against anyone as it deals with extent of private defence to cause death of a person and this act is not punisable. For the threat of filing a case under section. 498A, you can file a non cognizable complaint under section. 506 of IPC against her.Regarding domestic violence, no case can be filed against you if you are staying separately from your wife for a period of one year as has been decided by the Supreme Court in Inderjit Singh Grewal v. State of Punjab and Anr.

Q: Can I approach court to open a previously dismissed cased

My Civil suit 80/96 was in Kalyan court. I had attended court several times. Opp. Party never attended. Due to some reason thereafter i lost interest. After retirement i went to my lawyer but told that Case has been dismissed. Want to know when I am alive. Want to know whether I can't approach again to Hon.Cort to reopen the Case? (Hindu)

Advocate Tanveer Khan answered
Greetings!Under Order IX, Rule 4 of CPC, you can either file a fresh suit subject to the law of limitation or make an application to the same court for setting aside the order of dismissal and get the suit restored.

Q: FIR filed under 323 & 504 in police station, what next legal step?

I file fir against One person who park scooter in my shop otla,usne muje galia di ,punch mare aur shirt Puri phad di. I complent in police they file fir under 323&504 I request u to give advice what to do next. Other party also lodge fir against me ,but I don't no under which section. Sir please guide me what I can do.

Advocate Tanveer Khan answered
Greetings!The provisions you have mentioned are sections. 323 and 504 of Indian Penal Code. These offences are non cognizable and bailable in nature which means that the police cannot arrest him or investigate the case unless a warrant is obtained from a Magistrate. Please also note that no FIR is filed in non cognizable cases but the police file something known as non cognizable case or NC. If you want to take action against that person, I would advise you to file a private complaint before the Magistrate under section. 190(c) of the Code of Criminal Procedure.Could you also tell me under which sections has the FIR been filed against you? If an FIR has been filed against you, it should be available to you free of cost from the police station.

Q: Jewellary of my wife, jewellary given by parents & my jewellery

i & my wife are planning for Mutual divorce due to lack of adjustment & very high expectations in relation from my wife side but just for information purpose please advice me. we are living separately since one year.1. we have joint locker in bank in which jewellery of my wife , jewellery given my parents during marriage & my jewellery are kept. locker keys are available with my wife. Who is legally entitled for this jewellary. 2. how to prove whether this jewellary if i am entitled is in possession of my wife if later she denies it or shift jewellary in another locker.3. if bills are not available. Please advice.

Advocate Tanveer Khan answered
Hello,Firstly, I would want to know the religion of you and your wife and under which statute your marriage was solemnised.Secondly, if you have filed a petition for divorce by mutual consent, have you stated anything about the joint account in your consent terms, or how the money or jewellery held in your joint account would be divided among yourselves? If not, you would have to make an application before the concerned Family Court for modifying the consent terms. Please speak with your wife about the division of the said jewellery and modify the consent terms to that effect. Please also note that in any kind of modification of consent terms in a petition for divorce by mutual consent, the consent of your wife would be required. Please also note that as you are a joint holder of the account, you have an equal right to access it and if your wife fails to allow you to access the same or refuses to give you the jewellery you rightfully own, you can file an application before the concerned family court in which your divorce petition has been filed, under Order XXXIX, Rule 1 of the Code of Civil Procedure for temporary injunction to prevent your wife from disposing off the jewellery from the joint account till the disposal of the divorce petition.