Advocate Yash Pal Khanna

Questions Answered by Advocate Yash Pal Khanna

Q: How will the court act to verify the forgery

The affidavit, application qnd vakalatnama bearing forged signatures of the plaintiff have been filed in the court. The police has not done any work on the complaint made for above mentioned. It has been 8 months now. On the next date we shall highlight to the court that the abovementioned documents bear forged signatures? Obviously the documents would be sent to forensic lab. We have heard that at times malfunctioning takes place in the forensic lab. We have the recordings on the mobile where the accused has admitted that he has forged the signatures of the complainant. How will the court act to verify the forgery? Also, how would the court ensure that now the police does the required work? Thank you.

Advocate Yash Pal Khanna answered
SirOn filing of an application under sections 340/195 of CrPC read with sections 191/193 of IPC the Hon'ble court may initiate preliminary enqiry and order for registration of FIR against the accused. The time limit may be taken into consideration.Regards....

Q: Husband filed for divorce just after 5 months of marriage

Dear sir mujhe 1 advice chahiye, maine 1 August 2017 ko court marriage ki thi, shadi k 5 mahine me hi hmare husband ne hmare name pr divorce deed bnwa liya aur apni advocate k samne deed pr sign kra li aur fir b mere sath relation bnaye aur mai ab 7 month pregnant hu aur wo ab mujhe kharch b nhi dete h, abhi hmari shadi k1 saal nhi huye h, mujhe divorce nhi chahiye, bina advocate k case ho skta h ya nhi because mere pas na paise h aur na kisi ka support h

Advocate Yash Pal Khanna answered
Dear MadamAgar aapko divorce nhi chahiye aur aapko. Maintenance bhi nhi mil rha h to aap maintenance ke liye case dal sakti h..... Advocate to aapko karna hi padega magar uski fee Govt degi.. Aap DLSA... Chale jaye iskeliye.RegardsYash Pal Khanna Advocate

Q: What is the validity of UK decree in India

Hi , I am undergoing a divorce, with me in India ( indian passport) whereas my spouse acquired a UK citizenship a few years ago. The petition was filed in UK on mutual consent ( unreasonble behaviour), it usually takes 4 to 6 months and I am expecting to get the certificate by this month or next. My concern is if it will be valid in India or not? Do I need to be aware of anything. It was a short marriage of 1 year. Thanks

Advocate Yash Pal Khanna answered
SirDecree issued by the UK court is valid in India. If the law permits, you may get it this month or the next. Indian law regarding divorce does not permit for such decree on mutual consent since it is a short marriage.

Q: How much time take court for issue final report

My fir done 20th april 2018 , IO submitted untrace report to Court on 11th may 2018 and court accepted untrace report 1st june 2018 but till now not issue final report, how much time take court issue the final report

Advocate Yash Pal Khanna answered
SirThere is no fixed time to send the accepted final report to the police station concerned, however, it may depend upon the pendency in the particular district. The concerned niab court of the court can tell you about the same.

Q: Can quashing petition be filed for the second person without appearing

Settlement reached in dowry case. The case was on two people, one appeared and reached settlement paid more than half. Can quashing petition be filed for the second person without apearing?

Advocate Yash Pal Khanna answered
SirQuashing petition can be filed on behalf of the Accused himself under his signatures. It can be filed through his counsel. Appearance of the perokar through whom it is filed may serve the purpose.