Advocate Khalid Akhtar

Questions Answered by Advocate Khalid Akhtar

Q: Married under muslim marriage act 1954 and Special Marriage Act both

My wife and I submitted a 30 day notice to marry under the special marriage act then did a nikah ceremony after 3 weeks under muslim special marriage act. Then, 10 days later, we got married under the special marriage act and got another certificate. Which of the 2 certificates has a legal standing in India?

Advocate Khalid Akhtar answered
Both has a legal standing but you will be governed by Special Marriage Act in every aspect. It basically means surrendering your right to be governed by Muslim Marriage Act and all the other Muslim laws and be governed by Special Marriage Act.

Q: Asked to appear in Delhi Court although I moved to Pune to close FIR

1. Bike stolen in 2015, FIR lodged and moved to Pune from Delhi.2. Police recovered Bike in 2017. I told them I got claim.3. In 2023, Court issued Warrant against me to appear in front of Court as PW.5. Initially I appeared through Webex VC. Judge strictly asked to appear physically.6. I appeared in Dec, 2023 in Dwarka Court but judge transferred. New judge was absent that day.7. Next hearing date I was on VC I kept waiting but OLD judge marked absent.HOW TO CLOSE FIR IN DELHI FROM PUNE??

Advocate Khalid Akhtar answered
Greetings to you.The actual advice may differ after going through the complete Chargesheet and also the stage at which the trial is as of now. If it’s just a matter of theft, it could have been compounded at the initial stage itself before the MM court and you can also get this case quashed from High Court of Delhi. Since traveling could be a bit troublesome, our office can ensure that you aren’t required here. Do feel free to reach out in case you require any assistance from us. Regards.

Q: My sister's in laws filed a false 307 case on me

My sister's in laws beaten up my sister and ask her to leave my dad wenttheur after 2 daysband try to solve the matter and took her back to home, for protecting them selve they filled a false 307 section and few more charges on my father, mother, sister and on me through court they launched that fir but when police did investigation they found that he filled a false case as my mother was not their and i was also out of india so with my visa fligtdetails and pssport and on the basis of other pro

Advocate Khalid Akhtar answered
Greetings to you. I am sure that your query must have been resolved by now but yet. Legal advices predominantly depends on documents that we have to show and establish our case but if what you said is right that “your out of India during the date of alleged offence, you should opt for quashing of FIR in the concerned High Court.Do feel free to reach out to me, should you require any further assistance.Regards

Q: Is it possible to get IPC 354 dismissed in first hearing

My daughter in law had filed a complaint against me in IPC 354. I'm a senior citizen of 75 year of age. My son had already filed for divorce and this is just in her retaliation to harass us. Needless to say nothing of whatever she is claiming is true, we are already bailed out and now arguments will happen. Does/Can the MM dismiss this allegation/case in the first argument itself? What are counters I can do?

Advocate Khalid Akhtar answered
Greetings to you sir.In order to be able to assist and guide you better, we will have to check the contents of the FIR and also the Chargesheet. Depending on the material contents and evidences from the Chargesheet, we may either approach the High Court for quashing of your name from the Chargesheet or we can also move an application to discharge you from the court. But all of it is subject to contents in the Chargesheet. There are also judgements of Supreme Court in this regard.If you require any assistance, plz do feel free to reach out.Regards

Q: Father of my daughter in law tried to

The father of my daughter in law forcibly entered our house with some goons and tried to get physical with me and harassed me sexually and tore of my clothes. I did not register a complaint at the time of incident. It has been 4 years now. Can I file a complaint now? Will they be arrested? Will there be an FIR filed now or police would not register it because it happened 4 years ago? What should I do?

Advocate Khalid Akhtar answered
Greetings to you. Legally there’s no bar in lodging a complaint even after a lot of delay but due to this delay, it’s not going to help you much in trial. You may certainly be able to harass them. If you are expecting that they must be arrested, then under all likelihood , it’s not going to happen except very rarely.If you require any legal assistance, please feel free to reach out to me. Regards.