Advocate Khalid Akhtar

Questions Answered by Advocate Khalid Akhtar (50+ answers)

Q: Will police file case against wife for filing false cases

Will police file case against wife for filing false cases when false cases are still pending for trial in court. I have all proofs to substantiate my allegations. Will police file case against wife and his family for filing false cases against me and my family. Court cases pending for trial are pending for more than 4 years and still going on. I'm fed up and I want police to take action against them. Please suggest what should I do

Advocate Khalid Akhtar answered
To respond to this we need clearer information such as what kind of case was filed. Was a it a civil case or a matrimonial case or anything else. If your wife had filed a criminal case and since you mentioned that the trial is still ongoing, then the police must have already filed a charge sheet. So you wouldn’t be able to do much until the finalisation of the case. And upon finalisation of the case, if the court feels that the complaint was false and malicious, the court can order for a case to be lodged against the wife for false complaint. But yes, there are other things that we can do differently which could help you get your desired result. Feel free to reach out and we can discuss it. Regards

Q: False FIR section 376 charges and working in private sector

I am working in private sector company in Gurugram and now I wanted to switch my job for Growth. But the issue is false 376 charges on me by the sister-in-law (woman who is married to my brother)The FIR has been lodged against me due to family issues; will it impact the background verification if I switch the jobs (private sector).

Advocate Khalid Akhtar answered
Since you are facing false charges under Section 376 IPC (now under Section 64 of the Bharatiya Nyaya Sanhita, 2023), it is indeed a serious matter and may reflect in your background verification, especially if the company conducts a police verification or criminal record check.However, since you claim the FIR is falsely lodged due to family disputes, you may consider filing a petition for quashing of FIR under:1. Section 528 of the BNSS (Bharatiya Nagarik Suraksha Sanhita), 2023 – which corresponds to Section 482 CrPC. This provision allows the High Court to exercise its inherent powers to quash criminal proceedings to prevent abuse of the legal process or to secure the ends of justice. You will need to provide evidence showing the falsity and malicious intent behind the complaint.2. Article 226 of the Constitution of India – Since this case appears to be a gross misuse of legal provisions and an abuse of power, you may also file a Writ Petition under Article 226 before the concerned High Court seeking quashing of the FIR on the ground that the proceedings are being used vindictively and maliciously by a family member.The courts have repeatedly held that if criminal law is being used as a tool of personal vendetta, such proceedings can be quashed. In your case, the familial nature of the dispute and the relationship between the complainant and the accused may be relevant for the High Court to consider it an abuse of process.

Q: Pocso 7/8 acquitted by session court

I am acquitted from pocso 7/8court by the session court. I was software engineer in an MNC IT company but was terminated when pocso case registered against me. Now whenever I am mentioning my case in my Application background verification, company is not considering my application though I am acquitted from the session court. I feel suicidal.

Advocate Khalid Akhtar answered
Since you have been acquitted by the Sessions Court in the POCSO matter, legally you are presumed innocent, and no adverse inference should be drawn against you. Under Articles 14 and 21 of the Constitution of India, you have the right to equality and to live with dignity. If companies are rejecting your job application solely due to an acquitted case, you may consider sending them a legal notice for discrimination and violation of your fundamental rights. You may also file a writ petition in the Hon’ble Delhi High Court seeking appropriate directions to protect your right to employment and to restrain employers from misusing background verification. Additionally, consider filing a defamation claim if false assumptions are being made about your character post-acquittal.

Q: Need to show my parents as dependent- Need to submit income affidavit

My wife has filed a false domestic violence case against me & asked for maintenance.I have been asked by the court to submit income affidavit along with other supporting documents. I want to show my Senior Citizen non-working parents as dependents on me. In this case, Do I need to submit their bank statements & Income Tax Returns in the court ? Please confirm.

Advocate Khalid Akhtar answered
In a maintenance case, the court evaluates your overall financial capacity, including dependents. To show that your senior citizen parents are financially dependent on you, you may mention their age, health status, and the fact that they have no independent income. While it is not mandatory to submit their bank statements or ITRs, doing so can strengthen your claim. However, ensure their consent before disclosing any such documents. If they do not file ITRs or have negligible bank balances, a supporting affidavit from them or a medical certificate showing dependence can be used.Further, if you believe the domestic violence case is false and has been filed with malicious intent, you may explore the option of getting the FIR quashed under Section 482 CrPC by filing a petition before the High Court. Courts have quashed such proceedings in the past when misuse of law is established.

Q: Apply for contested divorce petition

If wife don't want divorce and saying that if you apply for divorce I distroy your family reputation or without my consent nobody can force me to take divorce

Advocate Khalid Akhtar answered
If your wife is threatening or coercing you regarding divorce, it is important to know that no one can be forced to stay in a marriage against their will. You can file for divorce on valid legal grounds such as cruelty, mental harassment, or irretrievable breakdown of marriage. Her threats to damage your family’s reputation may amount to mental cruelty, which can strengthen your case. You can also consider filing a police complaint or seek protection if you're being blackmailed or threatened. Consult us to assess the best course of action based on facts and documentation.