Advocate Kirtika Mukesh Bura

Questions Answered by Advocate Kirtika Mukesh Bura

Q: Boy filing for mental harassment case against girlfriend in case of breakup by girlfriend

A girl make a relationship in age of 16 and at age of 18 she brokeup because she find another men .. then his ex-boyfriend start abusing her and threating her that he will kill her new boyfriend.. and also threaTen her that he will uploadher personal pics on social media and show it to her parents and also stalk her everywhere badly.. and warn her that if she marry with his present boyfriend he will file case of mental harrasement in high court and expolit her .. he daily warn her stalk her from last 1year.. what she will do to move out of this fear ??... is he really have right to do case of mental harrasement if she broke up with him after having physical relationship and marry another guy?, can a boy file a case against her ex girlfriend ?

Advocate Kirtika Mukesh Bura answered
No the boy can't file any case of mental harassment. Rather the girl should file a criminal complaint against that boy for harassing, bkackmaili and threatening her. She should do it immediately before that boy does any more harm to her and her reputation.

Q: Is call recording enough proof to prove that wife abuses me ?

I was married for 10 years and my wife is abusive since beginning but i was still compromising. Now the situation has become worst. She tried to hit me and i opposed her and left home. I have her call recordings where she is abusing me. I have already filled a case on my wife for harrasemnet. will this phone call be helpful for my case as she is very abusive in that call and also black mailing me on call that she will file a domestic voilance case against me. Please assist

Advocate Kirtika Mukesh Bura answered
Yes, such call recordings assist you in your case but even other facts of the case are considered and such evidence is supporting. What are the major reasons of your dispute and the facts from your wife's side also need to be discussed.

Q: Clarification on cheque bounce on ground of closed account

Sir Ihad business in Delhi in 2013for some reason I got a huge loss n I close a firm in 2015.i gav a pdc chq of2 lacs on 21.01.2014 tothe party of Punjab.we hve clrd the dues by part pymnt bycash we have closed the acc on 1.04.2017.n I'm doing n private job .sdnly I got a msg frm bank on 12.12.17 tht u r chq has bn returned due to account closed. Thn I verified n called the pnjb prty n he is telling that I hve balnce f 10lacs n I m filing a case of recovery .thn he sent a notice trgh adv from pnjb which is rtnd due to false address .thn I went to bank of my home brnch n asked for the details.they refused that v don't have a clearing details due to account closed.n advice me to get details in clearing brnch in pnjb.thn I wnt to Punjab brnch n asked details.they also refused to tell the details of scan copy , saying that ask in u r Hme brnch.even Idontnowhether th date ofchq is of21.01.14 r12.12.17pls suggest how toget ascancopy frombank sothat lcan replycan I fight a casefrom my place

Advocate Kirtika Mukesh Bura answered
You cannot fight case at your place but will have to file a reply where the opposite party has filed the case. And a copy of cheque must have been filed by the party in the case and you will get a copy of the case so do not worry. It is not clear from your query whether a notice was sent to you by opposite party after cheque bounce. If you never received any notice then case is not maintainable.

Q: Want to take divorce from wife as not respecting parents

sir i m kamal m apni wife se divorc lena chahta ho kyoki vo ghr m kisi ki ijjat nhi karti or naaa hi kisi ki bt manti pr vo divorce k liy ready nhi h m kya karu ab

Advocate Kirtika Mukesh Bura answered
You will have to file a divorce in the court and prove the cruelty committed by her. But such a petition can be filed after Atleast one year of your marriage. Consult a good lawyer who can guide you the grounds on which you can seek divorce depending upon facts of your Case.

Q: How much maintenance can be demanded by divorced wife

I am a govt servant .My monthly income is 70000.I am married for 1 year now and have no child .How much maintenance can be demanded by my wife after divorce through court ?

Advocate Kirtika Mukesh Bura answered
Grant of maintenance depends upon the income and status of parties and depends upon facts of each case. Give more details about income of your wife and your liabilities like parents etc. Your wife can claim monthly maintenance even before divorce.