Advocate Deepak Kumar Yadav

Questions Answered by Advocate Deepak Kumar Yadav (25+ answers)

Q: Is Section 364 a bailable offence

Kya dhara 364 me bel mil sakati hai aur kitne dino main mil sakti hai

Advocate Deepak Kumar Yadav answered
Section 364 i.p.c define the offence of . kidnapping. Trail by court of session .offence is non bailable by code but its depend on circumstances of case and view on court for bail of accused. Lower court reject the Section 482 then after on rejection order accused has to file bail before the court of session

Q: Dealing With Possibilities Of False Cases By Women If Go For Divorce

Second marriage 3 months back. She is mental y disturbed and can harm to my 7 year old son. I am also frustrated and want to separate within one or two months maximum. But afraiding to do so due to consequences if she file false DV and dowry cases.

Advocate Deepak Kumar Yadav answered
Firstly you can't file a divorce case against her within 3 months and second thing the other party can file a false dowry and domestic violence case on you. If you want to file a divorce case then it is mandatory to prove herThat she is actually mentally disturbed.

Q: Eligibility criterion for OBC Non creamy layer

Me and my wife annual income is 2.2 lakhs only, apart from my salary. However it may be noted that I have two flats in Noida costing approx. 1 crore. Pl. confirm if my daughter shall be eligible for OBC.

Advocate Deepak Kumar Yadav answered
creamy layer criteria for mostly obc candidates is based on your family (especially father) annual income right now. It is below 4.5 lakhs rs./ per year. So if your annual income fall in this criterion then you are in creamy layer category otherwise non creamy layer catogry. So your daughter shall be eligible for creamy layer not for obc...

Q: Wife Files False Complaint about dowry

My wife fill the false complaint against me and my family regarding we are demanding dowry torture her try to murder her . What next I have to do and how I overcome from these false allegations

Advocate Deepak Kumar Yadav answered
Their are two types of case frist one state case and another is complaint caseIf she statue's a state case against you and your family members frist you should Go for bail or try i.o. to submit final report In the respect of false allegation against you.

Q: What is the process of getting relief in a false dowry case?

How can I get relief from this in high court of Up to protect my family members and youger sisters are also included by them in false Dowry case and says compromise will be done when I leave my family and reside alone with her and then after 2months she will withdraw her case.

Advocate Deepak Kumar Yadav answered
If case found false in investigation. I. O. Shall submit his police report under section 173(2) cr.p.c as a F.R. If I. O will not submit F. R and police will create trouble for your family, then you jgo to high court for relief. Till 90 days police cannot arrest you if case is false. And till 90 days case will be in mediation.After this you will take stay order from high court. If case is false then you get stay order and take bail. before bail you can file a case against other party under section 9 of H. M act.At last if case will prove false then you will get aqutal. After that you give a application in the section of 344 of cr.p.c against other party...