Advocate Fazlurrahman Shaikh

Questions Answered by Advocate Fazlurrahman Shaikh (25+ answers)

Q: Pre Litigation Mediation/Counselling and Income Affidavit

Petition under Section 10 IDA (cruelty) filed 3 years ago (16 years of marriage but 10 separated ).Summons served only recently, as respondent's address unknown, as separated since long.During the 3 yrs in-between, parties maintained cordial relationship, get-togethers & travelled with 2 teenaged kids.Last date-Counsel appeared. Query: At the next date, can pre-litigation mediation/counselling be requested -VC at Belapur Family Court. Income affidavit filed before or after mediation/counseling?

Advocate Fazlurrahman Shaikh answered
The petition under Section 10 of the Indian Divorce Act, 1869 (cruelty) was filed about 3 years ago,The respondent was served only recently due to an unknown addres,The parties have had cordial interactions, family gatherings, and travel with the children during the intervening period,Family Courts are expected to make efforts toward settlement and reconciliation wherever possible. Even after a contested divorce petition is filed and summons are served, either party can request,

Q: Robbery with a knife but victim not injured

My family friend was walking back home during night hours when a man approached her and showed a kitchen knife and demanded INR 10,000 from her. The man never used the knife to injure her and he was just showing the knife. Can a criminal case still be filed despite the man not injuring her with the knife. What BNS sections should be filed against the man in the police station.

Advocate Fazlurrahman Shaikh answered
Yes. A criminal case can certainly beregistered even if the knife was never used to cause physical injury.Based on the facts you have stated, the man allegedly:Approached the woman at night.Displayed a knife.Put her in fear of immediate harm.Demanded ₹10,000.Under the Bharatiya Nyaya Sanhita, 2023 (BNS), the following offences may be attracted.Extortion Attempt to commit robbery Criminal Intimidation

Q: Was in relationship for marriage but girl was flirt so she filed rape

I was in relationship with a girl who is a widow. She hid alot of things from me and also did things that shouldn't be done in relationship after several warning I left her so she put a false rape case on me. Please let me know what needs to be done.

Advocate Fazlurrahman Shaikh answered
A false rape case has been filed against bu, the most important thing is to act carefully and through proper legal channels. Do not contact the complainant directly, threaten her, or try to influence witnesses.Engage a lawyer who will Obtain the FIR copy and File and Anticipatory Bail immediately to avoid Arrest,

Q: Can an affidavit signed by the sisters for transfer of property be rev

Can an affidavit be revoked if sisters have signed and given to the brother for transfer of property to the brother s name as the brother had made promises but not kept to it

Advocate Fazlurrahman Shaikh answered
Yes, an affidavit can be challenged, withdrawn, or its effect neutralized in certain circumstances, but the answer depends on the nature of the affidavit, the stage of the property transfer, and whether the brother acted upon it.Grounds:FraudMisrepresentationUndue influenceCoercionFalse promises made to induce them to sign

Q: How to obtain permission from court to travel outside country

I have a pending case under my name since 10yrs nw. It happened even before I got married. I already had a passport back then. I traveled and stayed outside india on a dependent visa for 8 years now and didnt face any issue in visa or immigration. Recently renewed passport through court NOC. Now I am planning to go back on a new residency visa. Should I take permission from the court?

Advocate Fazlurrahman Shaikh answered
No, you likely do not need court permission to travel abroad if there are no active restrictions like a Look Out Circular (LOC), passport impoundment, bail conditions, or Non-Bailable Warrant (NBW), given your clean travel history.