Advocate Anay Kumar Srivastava

Questions Answered by Advocate Anay Kumar Srivastava

Q: How to take propertection against False dowry and others cases

I am an Indian national on a Canadian study visa. It will take one more year to complete my studies in Canada. My sister in law has filed an FIR on several civil and criminal sections on whole of my family. The chargesheet hasn't been filed yet. We got a notice bail (till the end of mediation) and mediation proceedings for two months but it didn't work out. She is asking for about 1 crore compensation which is not possible to meet. As my family believes, most probably the investigation officer won't remove my name from the chargesheet (to get some money or go for big settlement). I think that if I come to India, I might get stuck in bail proceedings or my passport might be seized for bail or any other worse combination. I can't come to India while my studies are going on. In this scenario, what should my steps be? Can I be served summons to appear in court? How can I counter this order? Should I avoid coming to India till the case goes on? How can I ask

Advocate Anay Kumar Srivastava answered
Since the charge sheet has not been filed you should file first challenge the fir under Article 226 Constitution of India before high court of ur jurisdiction wherein you may get the relief of arrest stay and you may be absolved from returning to your country and in case charge sheet is filed against you also , in that case also you have remedy to approach high court of your state by filing crl application under 482 wherein also charge sheet maybe stayed or you may get the other relief depending upon the facts of your case

Q: Police complaint against mental harassment by wife

My wife after taking alimony not coming to court and threatening me for police complaint. Can I file a police complaint against her so that police may call both of us to talk?

Advocate Anay Kumar Srivastava answered
Not coming in court is no criminal offence , you should take resort to the court which has passed the order granting alimony and procure her presence in court by legal means else obtain the exparte order . However you failed to mention why is she needed in court after obtaining the alimony

Q: Can a personal marry again after divorce settlement with first wife

Good evening sir, I married in 2005 but she lived 2005 to 2008 50 days by hard. In oct 2010 she filed a case 498,125 in etawa up. In Feb 2014 I PAID to her 3 lacs & all the luggage ( shaadi me diya hua saamaan) I had settlement ( raajinama ) with her. now I want to know I can marry again to other bride.sir plz reply,I m in trouble.

Advocate Anay Kumar Srivastava answered
Your settlement / agreement would only obtain legal sanctity after a decree in terms of compromise for that if there is pending case under section 13 or 13B then get it decided in terms of compromise otherwise file one to obtain a decree of divorce .only thereafter you would be entitled to remarriage

Q: After suspension joining back bank job what is the procedure

Sir,I am bank employee after trapped by Cbi ,I was suspended by bank management and after four month i released on bail, but bank not joined me even after two month of bail.But management suggest me to bring NO objection certificate from court. So please tell me if any provision for this and also tell me from which court we approach session or High court. In same earlier case another officer join only on basis of bail order of high court. So please help me and suggest me what to do. Thanks

Advocate Anay Kumar Srivastava answered
You first need to view tripartite agreement of the bank ,govt and employee union . Since you are under trial or in the midst of investigation ,the bank should have allowed you to join until n unless u r convicted. If the bank is not allowing you to join , you better approach high court under Article 226 of COI