Advocate Aamir Zafar Khan

Questions Answered by Advocate Aamir Zafar Khan

Q: what are the legal right in case of harassment of parents by son ipc

My brother and his wife are torturing my parents, who are both senior citizens. They are experiencing mental and physical harassment. I have two elder sisters, and whenever we discuss taking our parents to live with us permanently, my brother threatens suicide and claims he will leave a note accusing us. His wife has also threatened to report us for domestic violence. My parents and sisters are scared and don’t know how to seek legal help to get our parents out without facing any false allegations or repercussions. can parents file a case against son? Please guide us as we only want our parents to live with us and nothing else.

Advocate Aamir Zafar Khan answered
Dear,Law/Constitution provides equal rights to each and every citizen of this country, in this case you don't have to worry. Following things you can do to ensure the safety of your parents from your brother and his wife.1. You can submit a non cognizable report in the police station, which have jurisdiction over the area, also you can submit it in the SP office.2. Your father and mother being a senior citizen can also move to senior citizen tribunal for necessary reliefs.You can contact me for any further detail or help.

Q: Can I get a divorce if my wife is not ready to live with me

Sir i am muslim man living in bhopal, married in lucknow with a muslim girl in lucknow. I have a 4 months old son living with her mother in lucknow. My wife is not living with me right after the marriage. I use to visit her at lucknow. Now i want divorce because she is not coming to bhopal but wants me to come to lucknow she is not willing for divorce. Neither she want to come to bhopal. Can i get divorce on this ground. What will be the procedure to file a voluntary divorce case.

Advocate Aamir Zafar Khan answered
Sir, the best you can do is that you can write a talaaqnam stating the above facts and send it your wife and concern Majid with signature of 2 witness with the deferred Meher if any. Unless the talaqnaama is served on her, it is not a valid Talaaqnam, so if you think that she would not accept talaqnaama, think of alternatives, like calling a meeting of elders and decide issues there. You can give Talaaqnam there as well. You can also obtain a fatwa from nearest kazi. For any other information you are advised for a consultation. Kindly contact me if you need any other clarification.

Q: False case filled of section 420

2006 Dec m mena ek institution m job join kara tha jah par bachoo ko call center training de jati thi y center August 2006 m start hua tha bachoo ko training o job k guarantee de gai thi institute in training de par job nahi de paya 4 bachoo in institute k owener or mera uper 420 k case kar diya h case ko 10 saal ho gaya h case final stage m h mera questions h ki 4 bachhoo in mera against m kuch nahi kaha h court kya karega

Advocate Aamir Zafar Khan answered
Dear Sir,In case there is nothing against you on record and the students in their major and cross not even said anything against you then there is a high probability of getting an acquittal from the court. But, it also depends on the submission made by your lawyer and what you said in your major and cross. In my opinion, since you were just an employee in the training center and also you did not promise anything to the student there is no fault on your part and you will definitely get a relief from the court. I hope this will help you, in case you need any assistance you can directly contact me.Regards

Q: Procedure for Application Under 156(3) of CRPC before magistrate

What is the procedure for filing an application under Section 156(3) of Criminal Procedure Code before the Magistrate to direct the police to conduct investigation in an offence under Section 420 IPC (Cheating case)?

Advocate Aamir Zafar Khan answered
Sir/Ma'am,The complete procedure for filing a complaint under section 156(3) Crpc is mentioned herewith:1. File the complaint before court under section 156(3) Crpc.2. The Court issue notice and demand status report that there is any case related to this matter in police station or not.3. After getting status report and if police says that there is no FIR, then the court record the statement of the complainant witness on oath and after that if the court thinks that there is a prima facia case has been made out then direct the police to register a case and complete the investigation.4. One copy of this order sent to police station without delay and the SHO of the police station register the case.If you have any other query feel free to contact me.Regards.

Q: How to safeguard myself against cheque bounce case?

I gave a 4 blank cheque to a person against goods and after sometime i get dispute with him , then he fill the cheque with more ammount and dishonour of my cheque in my bank account. now what should i have to do ?

Advocate Aamir Zafar Khan answered
Sir,First of all, for a cheque bounce case few requirement are to be fulfilled i.e., 1. The cheque should have been drawn by the drawer on an account maintained by him.2. The cheque should have been returned or dishonoured because of insufficient funds in the drawer's account.3.The cheque is issued towards discharge of a debt or legal liability. Since you issued a blank cheque, the opposite party should be able to justify for what purpose you gave him those and for what value. you can easily show the original value of those goods or services which you hired from that guy. You must be in possession of some papers or bills which can justify that the case initiated by the opposite party is false. its really quite easy to defend yourself. for any further query you can contact me directly.Regards.