Advocate Khalid Akhtar

Questions Answered by Advocate Khalid Akhtar

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.

Q: How much time it take to get court date after filing mutual divorce pe

The lawyer hired by my husband for mutual. We don't have any cases. Now 2 month has completed since I signed the paper. Now the lawyer is saying I filed the petition to court it will take another 1 month to get a date from court.Out divorce is simple. We have no cases no alimony no disputes in settlement.Did it take one month to get a court date after filing petition?

Advocate Khalid Akhtar answered
Greetings to you.There are Judgements of the Supreme Court according to which you can get mutual consent divorce without much delay. Ordinarily court does take a lot of time but it’s entirely up to your advocate to make sure that it’s expeditiously done as per judgement of the Supreme Court. If you require any assistance, please feel free to reach out.Thanks

Q: Wife & his family filed a false complaint in caw cell

My wife took away my 3 year old daughter away & from past 4 months am facing a false caw cell complaint and the lady social counsellor is biased to her & favouring her & not calling up for further counselling session from 1 & half months, not proceeding even the complaint further & their propaganda is to harass me & make the complaint signed by me by putting me under pressure, what action can i take against that counsellor for being biased although i have audio proof against counsellor

Advocate Khalid Akhtar answered
Greetings to you It’s generally the case that the officials in CAW cell lean towards women but it’s never advisable to complain or do anything against them. The best alternative is ti engage a lawyer and appear with them. At least this way, they can’t talk to the lawyer however they want and some definitiveness can be reached without much harassment. Should you require any assistance, plz feel free to reacH out to me. Thanks

Q: is 498a 406 34 dismissal possible in early stage

I had filed for a divorce from my wife, when she received the notice she filed false complains after 6 months and a case of 498a, 406 and 34 is filed against me and my family. We have been granted bail in the first hearing and in the next one there will be arguments, I think. My Qs is: Can this case be dismissed in the next hearing itself (at the arguments stage)? Does the Magistrate has that power? There is nothing against us in the chargesheet and no proofs of what lies she is claiming.

Advocate Khalid Akhtar answered
Greetings to you.To be able to guide you better, we will need to access your Chargesheet first. We will have to try to weigh the allegations so alleged with sections of law so imposed. And if we happen to have some material contents, we can assertively put forth the argument while framing of charges. And since you said that family members have also been arrayed as accused, there’s good likelihood that they may be discharged (struck off as an accused) in the beginning itself or we may approach the HC for quashing of their names from the Chargesheet. There are some judgements for it. If you seek any assistance from me, plz feel free to reach out.Thanks and Regards