Advocate Kumar Ravishankar

Questions Answered by Advocate Kumar Ravishankar

Q: What next after distress warrant

Sir distress warrant is issued after failure of maintenance amount... but property does not in the name of husband... what next remedy avilable for wife..

Advocate Kumar Ravishankar answered
If de-stress warrant has been issued against you, your property will be attached or you may sent into custody .So you can deposit entire/partial payment in favour of petitioner through court or compromise the case

Q: Stay order against case filed u/s 498a against husband by in-laws

My self currently living in delhi with my wife n son of 3yrold (All are Hindu by religion), my father in law from Dumraon has filled a complain against me n my family members under section 498a,the matter is under Family welfare department and is about to proceed to local mahila police station n further. We have already taken bail from district court regarding this but now we want to take stay on this matter before it goes to police station or court. Please help me with the detailed procedure that how to proceed with the matter to take stay on it.

Advocate Kumar Ravishankar answered
If you are on bailed by the learned Distt and Sessions Judge in that very case then no question of arrest by the concern Mahila Police station if you want to stay the entire proceeding then you have to filed a quashing before the Hon'ble High court ,in that very quashing proceeding the Hon'ble high court stay the entire proceeding.

Q: Is substitution in criminal cases valid in case of death of informant?

At the stage of charge Informant of case is died.Can his legal heir give me power to file Vakalatnama in this case.If yes then in which provision?

Advocate Kumar Ravishankar answered
Why not you accept wakalatnama from the legal hairs of informant. In this regard I refer section 302 of Cr.p.c. ..There is provision in law if the informant of the case is died then legal heirs of the informant give wakalatnama for pleading the case with apo

Q: Harassment and physical assault by husband, how to take action?

My husband is always beating me and telling that he will divorce me..

Advocate Kumar Ravishankar answered
You should filed a written application before police or filed a complaint petition before court alleging therein physical and mental torture under section 498(A)IPC thereafter you give evidence before police or court for prove the case after proving the case he must be punished

Q: How to proceed with suit for recovering money

Cheque bounce Ka case sdjm raxaul, Motihari se kiya april 2014 ko aur case 28.04.2017 ko yah kahte hue kharij kar diya gaya ki aapke dwara sahi tarike se Clint ko notice nahi kiya. Is ke bad main money recovery suit me ja Santa hun ya nahi. Kyon ko cheque bounce kiye hue 3 saal se adhik ho gaya hai.

Advocate Kumar Ravishankar answered
No you should not filed money filed any case regarding recovery of money because your case is barred by limitation but you should filed a criminal case against the accused u/s 420 and 406 of IPC .For recovery of money you should filed a money suit before the Civil Judge junior Div or Civil Judge Senior Div within a period of three years which has been crossed.