Advocate Jitender Kundu

Questions Answered by Advocate Jitender Kundu

Q: My sister is beaten by her husband then forced to leave home

My sister is beaten by her husband and forced her to leave the Sasural (in law) house and she comes to my home also, she is pregnant now, then he sent us a legal notice of divorcee petition in court by delivery post (it is right to accept this post or not ? ), What can we do now? can we file a police complaint against?

Advocate Jitender Kundu answered
U can.file police complaint and also file petition under D.V.Act for protection and home for residence and maintenance under 125 Cr.P.C . It is also advisable to contest the divorce case otherwise ex-party proceeding would be initiated against your sister.

Q: False complain of 354 and complainant not appearing in court

The case 354(a) was filed against me in 2013, the complainer is not coming to court since the case has been filed and court is just giving dates from last 3 years. What is the way out of this proceedings, how do i get this case to an end ? what can be the fastest way out of this case ? The court is not summoning and this is happening since last 3 years. Out of 5 panchnams, 3 have been declared as hostile. Please provide any solution to get out from this headache. The complaint is a false complaint, it was filed as i denied to pay up the inspector.

Advocate Jitender Kundu answered
If despite complainant not appearing in court and in the absence of complainant court not dismissing the compliant in that situation u can approach the High court for direction to the Magistrate to decide the case expedite.

Q: How to close case when all papers relating to the judgement are lost

I had a case against me in 2007 for IPC 452, 323, 506(1), 114 for which hearing got over in 1st hearing and was declared innocent but somehow didnt took judgment copy from lawyer and court also didnt send the judgement copy to police station due to which case is still open and my passport renewal got rejected. Lawyer who fought the case is hot helping me i m ready to pay his charges but still he says i dont have copy. when contact court i came to know that court also dont have single paper related to my case. they have also lost all the paper. never received any summons or any thing else since 10 yrs. what do do pls advise.

Advocate Jitender Kundu answered
Their are only three sources for obtaining the necessary paper. 1st Court 2nd Concerned police station 3rd your lawyer. If you could not getting relevent paper of the case in that situation you can file an application under RTI Act to the concerned police station for obtaining the copy of relevent papers.

Q: Partner transferred money by mistake in some other person account

My Partner Transfer the amount to my old company account and they are refusing to pay so can we file the complain agent them and if yes then which low is applicable on them

Advocate Jitender Kundu answered
Suit for recovery. Unjust enrichmentYou have to prove before the.court of law that the money was inadvertently transfered and the holder pf account has no right to retain the money. He.does not jave any right to unjust enrichment.

Q: Regarding non-apperance of wife in Domestic violence case

I am hindu. I filed divorce as wife left home 2 years ago on pretext of marriage functions and never returned. After notice of divorce she immediately filed 498a first and DV after 1 week. In DV she has not attended a single hearing (due to govt job)and even her lawyer attended only 2. So can I dismiss the DV for non-appearance of wife from starting to till date. Further There was no investigation done in DV as per various judgments. Please guide and she has asked for protection,residential or rent amount.

Advocate Jitender Kundu answered
Non appearance of wife in the divorce proceeding is also cruelty and ground for granting divorce. Supreme court also held. You can pursue your case and made submission before the court that wife intentionally avoiding proceeding