Advocate Atul Patni

Questions Answered by Advocate Atul Patni

Q: Can i get a government job when my case is pending in court ?

Sir mere PADOSI NE mere Uper case kar diya hai Jisme ki IPC 354, 354 A ,509,34, kya main delhi police ya koi govt job k liy apply kar SAKTA HU does fir affect government jobs application ?,please reply sir

Advocate Atul Patni answered
You can apply for the govt services but you have to disclose in the form that such and such FIR is pending against you. Generally the govt doesn't recruit those who has criminal background. You can quash the said FIR by the Hon'ble high court or can face the trial and gets the acquittal. Once the FIR is quashed, you will not be considered as an accused. Revert me. All the best.

Q: Taking care of property from last 40 years how can we claim it ?

We're taking care of a land from past 40 years. Now the landowner is threatening us to take back the land, He gave us without enforcement. We've no legal papers of it. The land is still barren, We took care and didn't used it in any incorrect way. Please help us to keep the land. My uncle was also the partners with the landowner. what is supreme court judgement on possession of property ?

Advocate Atul Patni answered
Frankly speaking , you have no right over the property. Mere use or taking care of property does not entitle any person the ownership. If you do not vacate the property, the owner will lodge a complaint against you and if he goes to the court and impleaded you as a defendant. You can say that property is under your custody since such and such period. The law of adverse possession will be applicable in that case. But it has a limitation that you can't file a case or claim ownership on the basis of adverse possession. You can get the property only when you are able to satisfy the court that the property is under your possession and other person have no valid legal documents. You should hav some documents which show that the property is under your possession for 40 yrs. You are enjoying the property since then. All the best.

Q: Does fir against a person means his career is finished, also does fir affect private job?

Sir, an FIR has been filed against me and my family by my sister after she court-married. When we tried to meet her at the High Court, she refused and caused a scene, during which her lawyer recorded a video leading to this FIR. How long will this case take to resolve? I am preparing for SSC exams. The investigating officer suggests removing the arrest mention from the charge sheet for a fee. Can avoiding arrest save my career? What steps should I take during police verification for government jobs, and how can we resolve this case without guidance?

Advocate Atul Patni answered
Once the FIR is lodged against you. You have only one remedy that is to quash the said FIR from the Hon'ble high court. IO can not remove your name from the FIR or from the chargesheet. He can only give clean shit to you by saying that no offence is made out against you. But in that case also it is for the court whether the concerned court drop your name from chargesheet or not. Generally the court doesn't consider IO's request in such a cases. So I would suggest you to quash the FIR otherwise it will always be a hindrance to your career. Rest is your discretion. All the best.

Q: How to defend a divorce case if husband filed for divorce first ?

I got court summon as my husband filed divorce case against me but I am against this as I dnt wnt divorce ,what happens if my husband filed for divorce first in india ?, the case is in another city and I am not able to go can I rply thorough post/email/fax please suggest as I dn have any lawyer

Advocate Atul Patni answered
If you got the summon , you have to appear before the concerned court to put forward your case. If you are against this divorce petition, you have to engage a lawyer and fight against your husband. You are entitled to take maintenance from your husband even during the pendency of this case. So don't worry. You have ample options. Fight for your rights. Revert me. All the best.

Q: What are the duties of a wife in the Hindu Marriage Act, and what are the rights of a husband over h

What are the duties of a wife in the Hindu Marriage Act, and what are the rights of a husband over his wife under this act? If these duties and rights are unfulfilled, can they be used as grounds for separation?

Advocate Atul Patni answered
To perform marital obligations are the duties of wife. If she refuses to perform, you can file a case for divorce or judicial separation. You can also file a restitution of conjugal right under Hindu marriage act. All the best. Revert me.