Dr. Alok Kumar Sinha

Questions Answered by Dr. Alok Kumar Sinha

Q: Procedure to get a civil death certificate of a missing person .

My wife's uncle who was unmarried and retired from Job got missing in Sept 2009 .A FIR was registered from my wife's Mother naming some persons in the city & after that another FIR was registered by wife's Aunt ( Bua) ( who is not more ) accusing my wife's mother & brothers . Police had quashed wife's mother's FIR as Untruth & in 2019 file a chargsheet on her Bua's FIR on the basis if 3-4 witness ( near & dears of those against whom my mother in law registered a FIR . Surprisingly in chargesheet there is not a single line written on the victim . case is in court .Now my wife need a civil death certificate for his uncle as she has some FD's in bank , where she is a nominee. Pl suggest me what to do .

Dr. Alok Kumar Sinha answered
The law says that the competent court may declare civil death to a person only after 7 years of trace less therefore you enquire whether the person is trace less for more than 7 years if yes file a case in district court and obtain order of civil court

Q: FIR Quashing case before High Court

Hello,I had filed a FIR quashing case in Patna High Court in Feb2021 and till now it was not taken up by the court even after the physical court is fully functioning.My current advocate always tells me that the court is only hearing BAIL matters, not sure it that is a correct statement. I live in orisha and also don't have any contacts to get the correct information, that's why posting my request here for some help.Looking for some suggestions or even advices that can expedite my case take up.Thanks in advance.

Dr. Alok Kumar Sinha answered
Ask your advocate to mention your case before criminal motion bench for listing of your quashing matter thereafter listing you ask him to mention before appropriate bench to take up this matter on priority basis. It is not correct that quashing matter is not take up but priority are given to bail matter

Q: My ward's school deny to my ward's admission details

My wife living seperately from last year with her married elder's sister home ,where her father and mother also living, recently I came to know that she got admitted my child(boy of 3.5y) in nearest School where her elder sister employed as a teacher.I ask the school through a mail kindly provide me the admission details of my ward and also mention the guardian name whatever registered in your record as provided my wife but school denied to give me any written answer through mail.When I try to get information with a telephonic call , institution denied to give my ward admission details i.e admission number or registration number ,class ,section and roll number.Kindly help me how can I get my ward admission details.I recently filed Section 9 in July2022.

Dr. Alok Kumar Sinha answered
you personally approach to the school administration and give them in writing stating that you are biological father of your child and you require details about your son, i believe they will provide the details if they still reluctant then file a complaint in local police station.