Advocate Kiran P Kamthe

Questions Answered by Advocate Kiran P Kamthe

Q: Can wife file adultery case against husband and his girlfriend ?

want to know if a man is married and had affair.. not he doesn't want to marry his girlfriend.. if she files a cheating case on him .can wife file case against husband's girlfriend in india ?

Advocate Kiran P Kamthe answered
I'm sorry to say that a wife cannot file a case against her husband and / or his girlfriend for adultery. As per Section 497 of Indian Penal Code, if a man has sexual relationship with another married woman, then only he can be charged with Adultery, otherwise not.

Q: If the police ask you to come to the station do you have to ? what is the Legal consequences ?

I AM A SINGLE WOMAN AND HAVE NO ONE IN MY LIFE. I EARN MY BREAD AND BUTTER BY DOING A JOB. I WAS WORKING FOR A BPO COMPANY IN MIRA RD WHICH TURNED OUT TO BE A SCAM . ALL THE EMPLOYEES WERE BEHIND BARS WHO HAD WORKED FOR MORE THAN 1 YR. I HAD JUST NEWLY JOINED THAT COMPANY AND DID NOT EARN ANYTHING, I WAS ABT TO GET MY SALARY AND UFORTUNATELY THERE WAS A RAID. NOW RECENTLY AT 2 AM IN THE NIGHT , 2 PEOPLE IN THEIR NORMAL CLOTHES CAME TO MY ROOM SAYING THAT THERE ARE FROM KASHIMIRA POLIEC STN THANE AND GV ME A PAPER IN WHICH IT WAS MENTIONED THAT UNDER SOME SECTIONS MENTIONED , IHAVE TO REPORT TO THANE POLICE TSN WITH 15000 TO PAY AS ZAMEEN ON 25/02/2017. THEY ASKED ME TO SIN AND GV MY MOBILE NUMBER. I WAS SHIT SCARED AS IT WAS LATE IN THE NIGHT, SO I SIGNED AND GV THEM MY MOBILE NUMBER. I COULD NOT GO ON THAT DAY BECZ I AM WORKING , I COULD NOT GO WITHOUT TAKING OFFICAIL LEAVE FROM OFFICE. I GOT A CALL FROM THEM SAYING THAT WHY HAVE I NOT COME AND THEY WILL GET ME ARRESTED. CAN POLICE ASK YOU TO COME TO THE STATION ?

Advocate Kiran P Kamthe answered
Hello. Let me begin with assuring you that there cannot be any case against you, and there cannot be any criminal proceedings against you in the said matter. As far as not appearing Police Station when called, you don't have to oblige unless there is warrant against you. Don't pay a single rupee to any police officer under any circumstances. They are trying to fool you and extort money from you. You can call me for further discussion. Take care, and stay safe.

Q: Physical and mental harassment by parents

I'm graduate and 22 years old. My parents neither let me to study more nor making my career. I have been a topper... They don't let me to go outside, I also don't getting proper food .Many times, they had beaten me and tried for killing me and acid attack. My father has friendship with the local police and some politicians. So what should I do to get freedom and a legal divorce from my parent.

Advocate Kiran P Kamthe answered
Sad to know your plight. Assuming you have access to internet, I suggest you to register an online complaint with the police as well as approach Human Rights Commission and brief them about the mental torture you're suffering at the hands of your parents.

Q: I have suffered breach of trust fake promises for marriage

I m single mother and we both r hindu ,I was in relationship 3 years ,he was committed me I will marry with you ,and 3 years we was in relationship b'coz of marriage, NW this person is left me n saying I can't marry with u ..NW I want to file a complaint for justice n I want to teach him lesson ,I want to give him punishment legally ,he was playing with me, my son n with my family. I he break our trust ,I m feeling so bad for myself what I can I do n what should I do ...I know my years won't back but I want justice for my 3 years time which I spoil for this fake promises . I want to file the case in court ..I m ready for fight ,I will face every situation.. don't let me down .

Advocate Kiran P Kamthe answered
Considering the fact that you both were in relationship for 3 years, I assume you both shared physical relation too. If that is true, you can lodge a complaint with local police station under section 376 of Indian Penal Code for the offence of Rape.

Q: How to deal with harassment by neighbor

We have office in commercial complex and have single wall between other office.. Neighbour is physiotherapist and they have fixed hand lifting machine on common wall. When anyone is doing exercise on it, an annoying noise coming to our office and get disturb.. We have complained politely many times but not yet shorted out. I am helpless and no idea how to do it.. Please advise..

Advocate Kiran P Kamthe answered
You don't have to go court for this issue. You can proceed under criminal law. Register a FIR against your neighbor for causing nuisance under section 268 of Indian Penal Code. Police will initiate action against your neighbor. Take the photographs of the AC you are talking about before lodging the complaint. That can come handy.