Advocate Ajay Kumar

Questions Answered by Advocate Ajay Kumar

Q: How to claim dowry money back transferred in bank account

During marriage my family transferred close to 30 lacs as marriage expenses in my husband's and his father's account. My marriage happened 9 years backHow can I claim this money back, as of now I have filed domestic violence and sec 125?

Advocate Ajay Kumar answered
in both the cases, if another party will be willing then request for mediation with the judge and in mediation may it be possible that the other side will be ready to return you some money in the form of settlement. Otherwise in both the cases, you will be only entitled for monthly maintenence.

Q: Dismiss of case after full cheque amount paid

I already paid the full cheque amount but still cheque bounce as well as 420 406 sec case mujhpe chal Raha hai kya main agar ja k bolu ki maine pay kar Diya hai with proof dono cases hat jayenge

Advocate Ajay Kumar answered
making the payment of transaction amount or suit money and committing a fraud or crime in itself a different subject. If someone take the plea that although He committed the theft but return the money, this will not the ground for Aquital

Q: Challenging Discharge order rejected by session and CJM

I have Challenge the dismissal of discharge application order by CJM as well as session court under 482 crpc but on First Hearing at High court , Stay on lower court proceedings hasnot been granted ,only Notice to respondent issued and next hearing date fixed after 6 weeks . Then in CJM court proceedings the stage is Framing charges on Two accused , one is me who approach toh HIgh court and another do nothing . Then still CJM court frame the charges on me while the challenge of discharge pending

Advocate Ajay Kumar answered
when there was no order of the stay of the proceeding, the trial court is free to proceed further as usual. The high court has ample power to pass any order under section 482 of the cr.p.c. Even after framing of charge in your case by the cjm court and if your case has ground, high court may discharge you.

Q: Need help regarding my case of POCSO

Hi.Need help regarding my case of POCSO.My lawyer is not sending summon to victim to appear before court and victim is also not coming in court . It's 1 year already passed and when I am asking to come to court for chief examination , his lawyer is saying send us summon then we will come to court and I being accused need to appear on every date . The case is at evidence stage from past 8 months and victim is not coming and my lawyer is making me fool as even after asking him to send summon.

Advocate Ajay Kumar answered
A lawyer is not entitle to send summons to the witness in criminal case. Only the court will order for issuance of summon to the witness. So, this is not the fault of your lawyer. An accused is duty bound to appear before the court on each and every date but the witness will only appear when he will be called by the court.

Q: File divorce against my husband after 12 years of marrige

I am a Hindu married to a Muslim man .I have two boys 0f 10 years .after 3 years of marriage I want divorce but my financial condition was not good and children were too small .I have no physical relation with him from 5 years .From two years living another city .He didn't give divorce when I said ..I married to another man and I have a child ..now what can I do.

Advocate Ajay Kumar answered
Firstly file a maintenance case against your husband for maintenance for yourself and your two son thereafter you may file a divorce petion upon the money of your husband. Your husband is legally bound to give you money in the head of litigation cost also.