Advocate Anoop Kumar

Questions Answered by Advocate Anoop Kumar

Q: Can divorce be granted if marriage is not registered

I got married in 2009 at a marriage hall not registered married yet. I want divorce as we have no conjugal relationship at all these years. I gave time but that ended up to almost 7 years. She also harasses me. Kindly advise, i am also in love with another girl where everything will go smooth in my life. But want to do things legally.

Advocate Anoop Kumar answered
Read your query, even if you have not registered your marriage also u should get your marriage dissolved by filing a Divorce Petition before the Family court if you have performed a valid marriage. U can apply for Mutual Consent Divorce if your wife agrees to. And this will be the only smooth way

Q: Can settlement be done out of court in criminal case

My case is registered in Bangalore .The FIR was lodged in 2013 and the charge sheet was only filed in August 2016(IPC 420,379, IT ACT (C) (D).I have few questions and looking for some advises and answers.Will be highly obliged if any one of you great minds can offer opinions. 1. The complainant of the case is one individual Mr.X. So is this a case of the Complainant Vs me (accused ) or is it a State Vs me case. In the e-courts website it says its Mr.X Vs me case. How can I know if its a state or Mr X. vs me case?Can I approach for out of court settlement and get the Case Quashed. What would be the best way to approach that? Is it a good idea to reach out to the complainant and ask him to reach a reason. 2. Why did it take so long to charge sheet ? Isn't there a time frame of maximum 90 days ? Thanks & regards

Advocate Anoop Kumar answered
Read your query. If your been charged under Sec 420, 379. Then there cannot be a settlement in that case,as the offence you have committed is Nob-compoundable, The only way you can settle the issue is face the trail and settle the issues with the complainant (if the complainant is a private party) and get the evidence in your favour by turning the Complsinant Hostile. It's waste of your time n money to approach for a quash, you should have a proper grounds for seeking quash. Mere filing of Chargesheet after 90 itself is not a Ground.

Q: Revised lake buffer zone

please let me know the existing lake buffer zone limitations in bangalore . can i go for construction on a plot which is 190 ft away from the lake

Advocate Anoop Kumar answered
To answer for your query, if your plot is within 500feet from the lake then you cannot construct a house, this violates the buffer zone rules as specified. It's better you approach the local authorities and find out the lake map and its extent.

Q: Can a person be put in jail if disobeyed the court order

If status quo order disobeyed whether he can be put into civil prison

Advocate Anoop Kumar answered
Yes the person can be put to civil prison only upon an application is made by the opposite party, and if their is a ample proof of evidence to prove that the court Order is violated. The discretion of the court is most important in such cases.

Q: Person falsely accusing of not paying money what can be done

Can I file a fraud case against a person who accused me of not paying his money while in reality I have paid and he is doing this to escape marriage.

Advocate Anoop Kumar answered
You case file a case of harresment or defamation against such person who is been accusing you falsely, provided that you have proper evidence to prove the court call o r the Police Officer, while filing the case or a complaint.