Advocate Kiran Kauchhur

Questions Answered by Advocate Kiran Kauchhur

Q: The police says they will put a case against me. What are my options

sir I have financial issue with gulzar singh he (gulzar singh) trf. 7 lac in my bank a/c 2014. After that I return amount by cash. only 3 lac trf in his bank ac. then we have financial dispute. some of our known person set compromise between us. I give him 2 signed cheque rs 5 lac. agreement on plain paper (not on legal astam paper) which I signed. Agreement is i will pay 23 lac to him signed due to pressure on me he G.S. s make secretly mobile video recordings of agreement.& later give to police then he demand more & I refuse to pay as per agreement. he make complaint against me in ssp office in which he say he give Rs. 23 lac to me on interest basis 7 lac in bank trf another given cash. for justify his case, his another colleague’s also give statement that they give me money cash to me on interest Now police inquiry officer under pressure of sp rank officer say pay as per agreement otherwise case against fraud 420 406 non bailable. please tell me what i do.thanks

Advocate Kiran Kauchhur answered
Hi Please let me know if you borrowed 23 Lac or 7 Lac. Secondly what rate of interest was decided. How much did you return? Its not clear. The mobile recording will certainly show that undue pressure was put on you and if so that agreement is void. I do not understand why you gave two checks of 5 Lac each and if you did you must have the cheque no and bank statement that the checks were encashed by him. Please give more details for a better answer.

Q: Harassment by a mentally ill wife after divorce

I am 40 year old father of two. I have filled for Divorce. My wife is mentally unstable and has proven to be an incapable mother. Her Habeas Corpus was dismissed by Honble High Court citing that it would be traumatic for the kids if she has custody. She approached double bench and currently has visiting rights, which I agreed with think that she would have changed. To my surprise, During this time also, there are two instances of harassment to the kids, which I have evidence for. How should I proceed as this is getting very uncomfortable for the kids?

Advocate Kiran Kauchhur answered
You have to be more specific with your query. If there is any threat to the children's emotional or physical well being due to their being touch with the mother then you may move court for no visiting rights. For this purpose you will have to prove your allegations and also prove her mental incapabilities with medically.

Q: Got hair colored from a salon other than what I demanded

Hi, I got my hair color from salon but the color i demanded to be done was blue and purple for which i shared picture with them aswell but what they did was pink and orange. this completely changed my look which i never wanted and acted as emotional disturbance for me.I didnt pay any amount to them and walked out off salon. These salon people are calling me now and harassing me to pay money as according to them i seem happy in my dp carrying the wrong color and saying that they will file a police complain against me. when thet=y are the ones who did mistake. They are agreeing that they have done wrong color because of color mixing and can change it but i dont want to go there as my hair are not for experiment purpose and i dont trust there services. Kindly suggest a way forward.

Advocate Kiran Kauchhur answered
Hi, Yours is a clear case of deficiency in service and lack of due care. I advise you to send a legal notice demanding damages for ruining your hair texture and looks causing emotional disturbance. Also, you should give a complaint in the police station of the area where the salon is that they are causing harassment, threat, and undue pressure to pay despite deficient services and their acceptance of same. Your hair colour may be rectified but at the cost of damaging them more so there is no guarantee that they would not goof up this time as they have lost the trust.