Advocate Amit Kumar

Questions Answered by Advocate Amit Kumar

Q: How to remove name from fir, can police remove name from fir?

Can the complainant remove one name from the FIR filed against three people in a property dispute? The dispute has been resolved, and registry of the property has been completed. The complainant wishes to keep two names in the FIR due to mental agony faced. What is the procedure for removing just one name from the FIR?

Advocate Amit Kumar answered
The only option you have is, Have a talk with the investigation officer and have your and your witnesses statement recorded under section 161 Cr.PC in a manner so that there is ambiguity about the role of the person you want to remove from the complaint, in the commission of the offence or have these statements recorded in a manner so that no offence is made out against that person. The I.O can only do the job for you if you take him in confidence.

Q: Do we have any rights over the property if we are living in same house for 30 years

We are from undivided Hindu family living in a house for 30 yrs.land is in my uncle name (just Booz he z eldest). He went to Delhi in 1982. We got house constructed in 86 on that plot. We are three brothers I.e. Two chacha n papa living here.Verbally he dint have right on that. He z very well settled but now he z asking for his share. We don't have ny other place to live in. Brother z suffering from chronic disease. can i claim land after 30 years ? What shud v do.

Advocate Amit Kumar answered
You have no rights over the property. I would advise you to resolve the issue amicably. You may file any suit in the court but at the end of the day you must have a right on the basis of which you claim to be a right holder or having an interest in the property.The only thing which comes to my mind is you can claim that there has been an oral Family settlement in the family and on the basis of Oral Family settlement you got construction done on the land and now your uncle is backtracking and causing your immense mental and financial/economical harassment and can file a suit for Declaration and Permanent Injunction.

Q: Procedure to file mutual divorce without court invovlement

In coming feb 2018 we will complete 2 years of marriage.. my marriage is not registered anywhere we both wants divorce mutually.. what are the procedure we want to setlle this divorce on any stamp.paper without court involvement bcoz we want it asap.. we both are hindu... what are the procedure

Advocate Amit Kumar answered
It can not be done on any stamp paper or without Court's involvement. Both of you need to file a joint petition for divorce before the court and it takes 6 months for a divorce decree to be passed by the court. This 6 Months period can also be waived off by the court on it's discretion depending on the circumstances.

Q: Can husband seek divorce due to concealed Neurofibromatosis

The couple got married in 2006(arranged marriage).The boy noticed skin anomalies and was told that its just freckles. After the wedding, several pea-sized tumors were discovered all over the girl's body. A doctor informed the boy that she is suffering from NEUROFIBROMATOSIS. Unable to enjoy physical togetherness. the couple went for IUI treatment and a daughter was born in 2009. The disease has progressively increased and the medical expenses are very heavy. The husband wishes to amicably end the marriage but the wife and in-laws are threatening to defame the boy etc and refusing a divorce. 1. If the wife refuses a mutual divorce, can a court grant the man a DIV if he files ? 2. How much Alimony/Child Support will he have to pay if he wants a one-time-settlement (eg. 50% of net worth) 3. How long can this DIV case drag if the wife refuses Divorce by Mutual Consent ? Note - Hindu Couple,Husband supports widowed Mother-in-law financially,Wife is non-earning, 1 daughter,

Advocate Amit Kumar answered
Husband can seek divorce on the ground of concealment of material facts regarding the health of the wife. Regarding the alimony it's for the parties how strongly they bargain about the same. The court at the time of decision of the case can grant alimony on the basis of income and net worth of the husband. Of course the husband has to spare a share for the child and the court will order according to the standard of living and after considering various factors like dependents, expenses, income, status etc.

Q: Friend paid through cheque which was invalid, how to recover money

I have given 5 lakh rupees to my. Frnd by rtgs in august mnth for 3 mnth now that time he gave me a cheq.i have submit it to my bank . But there is show stop payment . Is there any way to get my rupees.

Advocate Amit Kumar answered
HiYou must immediately send a legal notice under section 138 of negotiable Instruments act with in one month from the date of return of cheque and proceed to file a criminal Complaint if he doesn't pay within 15 days of receiving the legal notice.