Advocate Aman Khullar

Questions Answered by Advocate Aman Khullar

Q: Bike stolen and FIR Registered but no action by police

My bike was stolen which was parked in my street right in front of my house. I have immediately filed an FIR and approached the concerned Police Station. However, the police are not carrying any investigation with regard to the same. For instance, there are two exits from my place to main road which are under surveillance by individual house owners. Yet the police never cared to check them for any clues.

Advocate Aman Khullar answered
Hi don’t worry if you filed an FIR. The police is constrained to take legal action against the wrongdoers. Your bike will be found but be in constant touch with the police personnel. Police can’t deny your legal right.

Q: Divorce after 5 years of separation and custody of child

I ran away from my marriage with my 8 year old son, literally to save our lives. I had been suffering since 13 years in the marriage but could not muster the courage earlier. it has been 5 years since I have been away and I have been trying for divorce by Mutual consent to no avail. Mediation lasted for a year and failed. How can I get a divorce and son's legal custody? My son stays with me, and I take care of him completely. I do not need any alimony, only clear divorce. What are my options? The Marriage wasn't registered but falls under the Hindu Marriage Act

Advocate Aman Khullar answered
You can get divorce under Hindu Marriage Act and we can take a ground of intense cruelty and adultery which is why you are not willing to stay with your husband anymore. You can get relief once the legal proceedings are initiated.

Q: How to get out of cheque bounce case

Case is on me but amount was taken by my husband... Cheques are signed by me under huge pressure that my son n mother will b killed by my husband. Mediation was signed by me and husband bt lawyer informed about amount of settlement much later... I kept quiet coz i was pressurised to keep silent... I hv date on25 july for bail my husband is not supporting me for bail amount whatever i had was looted by my husband much earlier my mom is a widow she too lost her fds n jwellery to him. M stuck now what if judge puts me behind bars... kindly help i have nowhere to go

Advocate Aman Khullar answered
Hi . There are a lot of chances that you will be behind bars. There is a loophole by which you can escape. You should not have signed the cheques. Your husband can take benefit of this wrongdoing. But there is a way of escaping from this problem.

Q: Defence to dismiss the liability of Section 474

Dear Sir/Madam, I was travelling to the USA at IGI Airport I was caught with the fake expired Malaysian visa on my passport. FIR was launched. The IO investigated my case and removed FIR based on the visa was given by travelling agent, expired and non travelling to this visa. IO filed the chargesheet under IPC 474 section 12 with possession of fake visa on my passport. I forwarded my case to LOk adalat but compromise was not sustained and the case was again forwarded to civil court. Based on the fact that case was not settled in lok adalat Civil court framed the charge on me under IPC 474 section 12 with passion of the fake visa on my passport with the intention to use it without examining the case. The case is pending for next hearing. Any liability of IPC 474 section 12 with expired visa and intensely I never use?. Even I do not know the visa was fake given by travel agent. Please also suggest the defence to dismiss this charge.

Advocate Aman Khullar answered
This is a very serious offence. The defence should be very strong otherwise you will be imprisoned. The travel agent must be brought in picture so that no liability is blamed on you , get a strong evidence against him.

Q: Refusal to pay for services rendered at the end of the agreement

Worked with a senior representative of a reputed brand offering some digital marketing services clearly called out goals and results in the proposal. However, after the end of agreement, client has refused to pay. No advance was given under the pretext of company policy.

Advocate Aman Khullar answered
It is complete cheating if the client has done like this with you. He is bound to pay for the services rendered. You need to initiate a legal action if the wrongdoer is not paying you as it is against the principles of natural justice.