Advocate Kabir Hazarika

Questions Answered by Advocate Kabir Hazarika

Q: Discuss about the case how to cancel the fir process of how many dayss

If there is false fir under ipc307 and 309 how to cancel that fir husband has fired an false fir because his wife tried to committ suicide because pf mental torture

Advocate Kabir Hazarika answered
Hi,An FIR cannot be cancelled even though it may not based on facts. For that only the Court can direct after a chargesheet is filed or a closure of investigation is sought before a Magistrate’s court if there is no further need to investigate.Highly unlikely that the police will file a false FIR. There has to be some attempt based on which the FIR was registered.Do consult with me for details.

Q: If wife is working in contract job and her salary isn't enough to pay her emis for personal loans ta

If wife is working in contract job and her salary isn't enough to pay her emis for personal loans taken for family benefit and not for her personal use, what alumni she can expect if she does not have any assets. There is one joint property with husband only which is on loan. My age is 47 and not on very good medical condition. Husband will most probably declare that he is in deep debt. Will pay only four to five lacs only. Whereas loan on me is to tge tune of twenty lacs. After that i need money for my maintenance also. He is under pension scheme. He is AGM in rbi subsidiary. He has not declared all his loans to employer. He is also claiming that house is his since as per official record hes paying emis even thpugh we ars 50, 50 percsnt owners. He sold my 20 tola gold jewellery also which was my stridhan. How do i get max alumni

Advocate Kabir Hazarika answered
Hi Sonia,Unless you decide to file a divorce & maintenance petition, recovery of your personal valuable belongings will not be possible.Further, to complicate things for yourself the personal loan has to be repaid by you with or without your husband’s support. It’s immaterial where and how you spent it. But, it will be considered during the divorce-maintenance case.Your ownership in the property remains intact despite the fact that the EMI is being paid from your husband’s account. Do you have a copy of the property ownership documents?For a complete appraisal of your case, I suggest a thorough discussion with material evidence which a court generally considers in a divorce petition.

Q: Spouse demanding return of ornaments given on wedding as a condition

I have to file for divorce or annulment due to incompatibility, irreconcilable differences & most importantly "non consummation of marriage" . Husband has asked to return jewellery received by me during wedding like necklace,Bangles,ring, earrings,etc.he has even inflated the value of jewellery given by 3 times. Am I supposed to return jewellery while seeking divorce? Will he return cash/dowry given & expenses made in wedding? How to contest & refute?I have not sought any alimony as I have a decent job & also marriage lasted for less than one Year.I am currently overseas on an assignment.Should I file in Delhi (home town) or Bombay (spouse home town)Can't come to India often to attend hearings.

Advocate Kabir Hazarika answered
Hi,Few points to be noted here:1. You don’t want any alimony and just seek divorce2. Husband is seeking return of jewellery at an inflated valuation3. The dowry was sought by your husband’s side and was given by your family including incurring the wedding expenses4. Your home town is DelhiMy suggestions (advice only after checking all angles and evidences) are:1. File for a contested divorce petition if mutual agreement is not arrived at.2. Delhi should be your preferred choice of family court’s jurisdiction3. Separate filing of a complaint under Dowry Prohibition Act4. During your stay abroad the necessary appearances can be arranged within the legal practices.More to be discussed later if you decide to consult me.Best regards,Kabir Hazarika, AdvocateDelhi

Q: Threating to Invole in Divorce case if you do not obey my rules .

dear Sir,I am 43 year old, my marriage period around 12 years.I have no sexual relationships my wife since last eight year.She and her family gives threat to involve in case of dowryThey rise wrong allegation me that i am addiction of smoking and drinking,I earned only Rs15000 in a month and have no financial records.I have a son studding in class VI th they facing torture my wife also. Her family background in Delhi police. Somebody told me her relation with her uncle.Please advise what i can do.

Advocate Kabir Hazarika answered
Hi,Though there no limitation period mentioned in the Dowry Prevention Act, 1961 but generally if no complaint is filed within 7 years from the date of the marriage, the chances of the complainant (in your case your wife’s side) getting a favourable judgement is very low.Regarding the threats from your wife’s side including torture on your child, that can be handled based on evidence and witness.Do consult me for a permanent resolution to the challenge you are facing.

Q: Divorce advice.... need to know my rights

I am living separately from my husband since 3 months now... I want divorce from him.... all the gold & jewellery given to me in marriage & after that is kept by my mother in law. There is no effort from there side to resolve issue... i m working too.... how can i get all my jewellery from them & am I eligible for alimony??My husband had hit my father & has hit me also...

Advocate Kabir Hazarika answered
Hi,There are legal remedies available to you which you have not exercised by you as per your statement above.A case of domestic violence can be made out for hitting you at the Crime Against Women call of the local police. A separate case of assault can be filed by your father at the local police station.A complaint of dowry can be initiated if there was a force and demand for money and jewellery.Lastly, based on all the material evidence available a divorce petition can be filed at the family/district court.You can call me for a proper analysis & discussion.