Advocate Vijendra Rai

Questions Answered by Advocate Vijendra Rai

Q: Need help regarding fake DV and fake 498 and fake FIR section

My wife filed fake DV case and false 498 charges and also filed FIR which includes all fake charges. What needs to be done here?

Advocate Vijendra Rai answered
You consult a lawyer for all this for DV matter he/she will defend you by supporting documents, for 498A there is Supreme Court direction not to arrest without proper investigation hence you can take ABA and for other FIR as per you can approach the session and high court through ABA.

Q: Legal procedure for stay on the illegal encroachment on land

Regarding the place named in encroachment. This place is used by us since last 30-35 years. Now other person says this place is belong to him. So he is going to sell it. We want stay on that. We have 90 hearings in that only 3 times oppositions were present in court. We did summon against them. Advertise in news paper. still oppositions not attend any hearing. What should we do now?

Advocate Vijendra Rai answered
You should approach the court with all your concern giving the proof of your possession. Who is the owner of that land is more important if you are the owner and you are in possession then the court can order for status quo and later you will get the land in your favour and if it belongs to some one else then it’s up to the court

Q: Frankfinn Institute Filed Cheque Bounce case against me what to

This was in 2013 were i got a job in frankfinn institute as a asst manager for sales, at the time of joining they asked for a cheque of Rs35000 as a contract that if i leave before 6mths they will deposit the cheque. The Cheque was from ICICI bank Mumbai branch and the deposit was done in Delhi, They didnt pay me fro Two months and since i am the only bread earner in my family and staying on rent,i could not afford to not pay my rent for three mths continuously,Hence i left the company and started searching for job. In 2014 frankfinn guys filed a case against me after depositing the cheque claiming to get the money. When i asked them to adjust the same against my salary which was not paid, they simple ignored and told me to sort the same with the HR. I have been continuously harassed by them, Now since i am working in a company outside India, would like to close this matter.Kindly advice what can i do.

Advocate Vijendra Rai answered
If you have received any summons then You should hire an Advocate and appear before the court complete the initial formalities and then you can settle the matter if you want. As you have not seen notice or no action is taken against frankfinn for salary payment hence you can not take action now, so better settle the matter if you donot want to fight the case.

Q: Fair allotment not done by the builder in society

I am staying in housing society since last 7 years when it was formed. Builder had given allotment letter to specific flat owners and claimed to sell stilt and open area. I came to know that this is illegal and fair allotment has not been done as not everyone has the parking space due to space issue within building premises. No one has been given allotment letter from the society. How and whom do I approach to get fair allotment again so that everyone can enjoy the benefit of common area on rotation basis ?

Advocate Vijendra Rai answered
You send a notice to builder through advocate and then file a private complaint against builder under criminal breach of trust and cheating. Plz remember that the point should be genuine and maintabilabe before the court of law.

Q: Is divorce possible after four months of marriage alcoholic husband

We want divorce from sister husband who drunk daily. Before marriage he gaves us confirmation on 100 rs stamp paper about not drinking. But after marriage he drunk daily. On this basis we want divorce. Can we?

Advocate Vijendra Rai answered
Atleast one year separation is required from husband. You either go for consent divorce or restitution of conjugal rights option this process will help you in husband separation. If the wife is not residing with husband then sent a notice and then file a petition in family court. File Domestic violence case separately.