Advocate Hasnain Haider

Questions Answered by Advocate Hasnain Haider (25+ answers)

Q: Girl Not Willing To Continue Relationship After 3years Of Separately L

My brother got married on 18th February 2018, but he and his wife have been living separately for the last three years. Can a divorce be filed in this situation?”she is not interested to continue relationship and not willing to give divorce.what will we can do.and what will be the consequences

Advocate Hasnain Haider answered
Yes, your brother can file for divorce even if his wife is not willing to give consent.Your brother can file under Section 13 of the Hindu marriage act.Since they have been living separately for 3 years, he can file on one or more of these grounds:Desertion – if she left him without reasonable cause for more than 2 years.Cruelty – if she caused mental or physical cruelty (includes refusal to cohabit or mental harassment).Irretrievable breakdown of marriage (recognized by courts in some cases even if not explicitly mentioned)Sometimes, the other party files cases like domestic violence or dowry harassment — so it’s best to be legally prepared and gather evidence of his innocenceWhat You Can Do NowCollect evidence of:Period of separation.Communication attempts or refusal from her side.Any cruelty or mental harassment.

Q: Not action in my case बार-बार ladai jhagada Karta Hai mere Sath

Maine paraiya police station mein teen FIR kar chuka Hun teenon mein Koi karvai nahin arrest Kiya gaya hai usmein help chahie

Advocate Hasnain Haider answered
Here are the steps you should take when the police are not taking action after FIRs have been registered:1. Write a Complaint to the Superintendent of Police (SP)Mention all FIR numbers, dates, and details.Explain that no investigation or arrests have been made.Request that the SP order an impartial and immediate investigation.The SP has power under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (earlier Section 154(3) CrPC) to direct proper investigation.2. Send the Complaint by Registered Post or EmailKeep a copy of your complaint and postal receipt as proof of submission.3. File an Application Before the Magistrate under Section 175 BNSS (Earlier Section 156(3) CrPC)You can file an application before the Judicial Magistrate stating that although FIRs have been registered, no effective investigation is being done.The Magistrate can order the police to investigate properly and submit a progress report.4. File a Petition in the High Court under Article 226 or Section 482 BNSSIf the police and SP both fail to act, you can approach the High Court seeking:A direction for proper investigation or transfer to another agency A direction to arrest and prosecute the accused persons.

Q: Anticipatory Bail मिलेगा या नही

अगर पहले से कोई शिकायत वादी के जिले के न्यायालय में bns 318 (4) , bns 316 (2) दर्ज हो फिर वादी ने अभियुक्त के जिले मे जाकर अभियुक्त का अपहरण किया पुलिस ने वादी पर bns 140 (1) लगाया फिर वादी ने पुलिस के साथ मिलकर अभियुक्त के जिले में थाने में bns 318 (4) ,bns 316(2) लगा दिया अब मुझे क्या करना चाहिए मेरा ही हत्या करने के लिये अपहरण हुआ था

Advocate Hasnain Haider answered
1. File a complaint before the Superintendent of Police (SP)Give a written complaint describing the entire incident (mentioning dates, FIR numbers, and all BNS sections).Request registration of an FIR for kidnapping (BNS 140) and attempt to murder (BNS 109/111, as applicable) against the complainant and others involved.2. Approach the Magistrate under Section 175 of Bharatiya Nagarik Suraksha Sanhita (BNSS)If the police do not act, file an application under Section 175 BNSS (earlier Section 156(3) CrPC) before the Judicial Magistrate seeking directions to register an FIR and investigate properly.3. File a petition in High Court under Article 226 or 482 BNSS (old 482 CrPC)You can approach the High Court for:Quashing of the false FIR filed by the complainant/police.Direction for impartial investigation by an independent agency (like CID or another district police).4. File a Complaint for Police MisconductYou may file a written complaint before the District SP or State Police Complaint Authority for misuse of power and false implication.

Q: About Kidnapping CCTV Footage Available

I am a government teacher some criminals kidnapped me at my home .thin incident captured in CCTV footage. FIR has registerd bns 140 (1) also mentioned in this case. Accused continued threat my family.please help me . There are many FIR against on accused.

Advocate Hasnain Haider answered
The facts mentioned show a very serious offence involving kidnapping, criminal intimidation and repeated threats. Since FIR has already been registered (with reference to BNS 140(1)), you should immediately take the following legal steps:1. Approach the Superintendent of Police (SP) / Senior Police Officer:Submit a written complaint highlighting that despite the FIR, the accused are continuously threatening you and your family. Request for strict action and immediate arrest.2. File an application under Section 156(3) CrPC (or before Judicial Magistrate):If police are not acting properly, approach the Magistrate to monitor the investigation.3. Seek Police Protection:You have a right to personal and family safety. File an application before the District Magistrate/ Superintendent of Police for police protection citing continuous threats.4. High Court Remedy:You may also file a Writ Petition (Mandamus) or Criminal Writ before the Hon’ble High Court seeking directions for:a) Proper investigation,b) Arrest of accused persons,c) Police protection to you and your family.5. Use Evidence Effectively:Since the kidnapping incident is captured in CCTV footage, keep copies of the footage safe. This will be very strong evidence in court.6. Highlight Criminal Antecedents of Accused:As you mentioned, there are many FIRs already registered against the accused, bring this to the notice of the Magistrate/ High Court. This will help in opposing their bail.

Q: Can arrest be made from court in 498A anticipatory bail rejection

What happens when accused appears for final hearing of anticipatory bail in 498A and the AB application gets rejected. Will immediate arrest be made or the accused be given interim protection to apply for bail in High Court. The opposite party is trying for rejection of bail and dragging in false case. Pre cognizance opportunity was not given and cognizance was taken by court without any receipt of summon or notice.

Advocate Hasnain Haider answered
When you appear for final hearing of an anticipatory bail application (498A IPC) and the bail is rejected, technically the protection from arrest ends immediately. This means the police are legally free to arrest you. However, in practice, the following possibilities arise:1. Interim Protection for Higher Remedy – Many courts, while rejecting anticipatory bail, grant a short period of interim protection (for example, 7–10 days) so that you may approach the High Court for relief. You should request the court specifically for such protection at the time of rejection.2. Immediate Arrest – If no such interim protection is granted, the police have the authority to arrest you immediately after the rejection of anticipatory bail.3. Next Step – You should promptly move the High Court under Section 438 CrPC for anticipatory bail. If already arrested, then a regular bail application under Section 439 CrPC must be filed.4. On Cognizance & Summons – The issue of cognizance without service of summons/notice can be challenged. If proper procedure under CrPC was not followed, this may be challenged in High Court 5. False Case Angle – Even if the case is false, once anticipatory bail is rejected, you cannot avoid due process. The best safeguard is to move immediately before the High Court and seek urgent protection.