Advocate Divyam

Questions Answered by Advocate Divyam

Q: Legal action against physical &mental; torture by father

I 'm 25 years old ,and my younger sister and i both are regularly torture by father either it mentally torture or verbal abuse,and sometime its also physical torture. what is the procedure.

Advocate Divyam answered
you can file a case againist him under section 506 ,323 IPC also if refuses to maintain your sister or yourself.you can file a case of maintenance under section 125 Crpc provided either you or sister should be suffering from disability on the other hand if neither of you are disabled you can claim maintenance under section 18 read with section 20 of Hindu adoption and maintenance act

Q: What if I have changed addresses and court sent notice to previous add

Hello Lawyers, My brother (present age 20), somebody hurt him badly in head on 2015 at Bokaro, Jharkhand. He was bleeding that time and my mother filled an FIR complaint against that boy. Policeman not given the copy of complaint that time because of that we are not sure about the sections under the case filled up. Earlier October 2016 my all family moved on Delhi and now we are in Mumbai. We all have the government hospital papers, News paper cutting and some witnesses for the case. recently we got a call that court sent us a notice previous month for the case attendance but we were not aware about that notice. kindly guide me what will happen next in this condition.

Advocate Divyam answered
you will have to appear and apprise the court about you change of address otherwise court may dismiss the case altogether and further if you dont appear as witness court may issue warrant againist you .my advice would be to either appear and apprise the court or if sections are compoundable u/s320 then file a petition compounding the said offence .

Q: What should I do if I have been sued under Section 26, CPC?

Mere khilap civil court main ek orginal sure ka case file hua hai civil procedure code sec 26.jo hearing hua hai jisko check karne main ek date ka khali abhi status dikh raha hai APPERENCE.BUT humko koi notice nahi mila hai.to sir main ye Janna hai ki ab main kya karun

Advocate Divyam answered
You will have to file written statement in your defence denying or admitting their claim .under order 8 rule 5 any evasive denial will be deemed admission .for this consult a good lawyer and wait for summon to arrive .however you can also appear bonafide through your lawyer in the court .

Q: Can a person be incriminated for a suicide of someone?

Case: two people love each other, Ms. A and Mr. B. Ms. A belongs to a Hindu family whereas Mr. B to a Muslim family. Ms. A and Mr. B want to get married to each other. family of Ms. A objects so the family of Mr. B. gets him married to someone else. Ms. A is unable to bear the aforementioned fact and thus goes into depression. (for which no doctor is consulted, therefore no official record; furthermore she didn't use to go out so no witnesses to assent to it.) finally Ms. A commits suicide. Question: Can the family of Ms. A lodge a complaint against Mr. B and/or his family? if so under which section? and how can Mr. A and his family avoid any action?

Advocate Divyam answered
yes definetly under section 306 of ipc family can file f.i.r for abetment of suicide by mr b .abetment of an offence of suicide has to be proved by testimony of any such person who was confide of ms a .If the l9cal police police station refuses to register the F.I.R then complainant can approach the court of magistrate with their complaint and file it under section 200 of crpc and court after being satisfied of offence and after examining the witness on oath will direct the concerned police station to register the case under section 156(3)

Q: Procedure to get a title deed for a flat where the person is landowner

I want to take an education loan of 40 lakhs and my parents are mortgaging a flat for the same. However, the bank says they can't mortgage a flat without a title deed. And we don't have a title deed/registry because my mom was the landowner of a share of land on which the apartment was constructed. My mom was one of the developers and she was allotted two flats after construction. We have all the documents to verify that the property is completely legal. But we don't have a title/registry. So, how can I create a title deed for this property?

Advocate Divyam answered
you can file a suit in court praying that court declare your ownership on the said property u/s 34 of the specific relief act .in this suit you cannot claim any other relief and the court may after examining your documents may declare your title to the above effect