Advocate Kartik Mago

Questions Answered by Advocate Kartik Mago

Q: Clarification on legal action against life partner for cheating

Can I file a legal case against my live in partner who on the pretext of love slept with me for a year and also kept hiding the fact that he was already engaged prior to meeting one another?And now mistreated and left me

Advocate Kartik Mago answered
Yes.You can file a very strong case on rape on the given facts against him.A person who has sexual intercourse with any other with promise to marry and he fails to abide by his promise is liable for the offence of rape under Indian Penal Code.

Q: Procedure for change of scrutiny in bail matter

i have given bail of my friend on my bike r.c in the court of m.m court in year 2015 now the trial he is facing in asj court , i have 2 questions that i wish to change my scrutiny of bike in exchange i will provide same amount FD on my name 1, is this possible, 2, where the procedure of change of scrutiny will happen in mm court or asj court humble request to reply

Advocate Kartik Mago answered
It is possible by filling an application for withdrawal of surity by which you can take back rc of your bike and file fresh bail bond and giving of fixed deposits pertaining to same amount in the court of session.

Q: My tenant is not paying any rent from last 4 years what can i do

My tenant is not paying any rent from last 4 years and not reasy to leave the house. I have lodged the FIR to the nearest police station but nothing happened Then I put a case on him 2 years ago ij delhi court but he is kot receiving the summons from the court, hence case is not giing ahead as per my lawyer. How can i get rid of this urgently. As i am leaving on rent due to this and i urgently need my house because of the marriage of my 2 daughters.. 

Advocate Kartik Mago answered
You can file the suit for eviction under the ground of non payment of rent and recovery of rent.If the summon is not received then you can get summon served by pasting at conspicuous place.Further if he does not appear then you court shall issue warrant against them.I think you are misrepresented by your advocate

Q: Case in NCDRC for 7 years, should we do out of court settlement

We Have Cleared Full Payment to builder and the property is under dispute by Wall Covering my Plot enables me to enter. We came to know that there is another dispute going on with builder with stranger who made wall & soon came to know that the property we bought is on UN-PARTITIONED LAND & for same case is registered in GURGAON HR civil court as property belongs to Haryana. It's been 7 years we filed case in National Redressal Delhi and we are getting dates now for final direction..Can We Expect Some Reasonable Judgement in coming time or we should try for out of court settlement.

Advocate Kartik Mago answered
If the complaint is listed for final direction then you will most probably get final direction and you could plead for expeditious redressal to the forum.You can go for out of court settlement but is your prerogative and could be advised after look into to details of the case.

Q: Is there any punishment if child abuses another child under POSCO Act

Under POCSO Act there is nothing defined if a child abuses another, like adolescent abuses younger child or children of 11-12 years abusing younger kids.

Advocate Kartik Mago answered
No,there is no punishment as to if a child abuses another child as minor is entitled to special treatment under the Juvenile Justice (Care and Protection of Children) Act, 2000 if a criminal offence is committed by him punished under Indian Penal Code.