Advocate Kunal Seth

Questions Answered by Advocate Kunal Seth

Q: 340 on wife's 156 crpc petition which she filed on 01 oct 22

I want to file 340 crpc on my wife's petition under sec 156 crpc. Which she filed on 01 oct 22 and the magistrate order for fir on 14 oct. 22 on the same petition. Now can I file 340 crpc I have strong evidences against her petition. Pl guide me.

Advocate Kunal Seth answered
yes you can file 340 crpc application for giving false statement and false evidence against you in court.the court will decide your 340 application after final hearing of the case.should you have any questions please feel free to contact me.

Q: Can 420 FIR be quashed in HC, Complainant vanished after settlement.

After a 420 FIR against us, we had settled the matter in mediation while taking AB. We did not know we had to quash the FIR also. Now the trial has begun and complainant is not appearing even after summons through ACP, DCP, SHO. Judge is asking us to fight on merits now and argue on charges. Filed quashing in HC, judge has summoned the builder but not staying the trial as it could lead to findings where we could have done any forgery in MCD. Private Land is involved. What should be done?

Advocate Kunal Seth answered
Your advocate would have to satisfy the court that no other third party was affected by the transaction between you and builder.once HC is satisfied of this, the court can quash the proceedings against you as the matter seems civil in nature and has also been settled between parties.should you have any questions please feel free to contact me

Q: Divorce matrimonial issue alimony

I file divorce case under section 13, Later on wife filed false cases 498a, 323 etc. In divorce case almost 157 day completed but still opposite party not given Written Statement, So I requested court for giving no w.s. order. Also submitted application. But court given next date. So whether I get no W. S. order? What if on next date opposite party given written statement?Can I request court to reject written statement of opposite party because 157 day completed?

Advocate Kunal Seth answered
the court has the power to take a decision on whether to accept the return statement and condone the delay if any or to outright reject it.you must insist that the WS not be taken on record as it has been filed after a significant delay.should you have any queries please feel free to contact me

Q: Want seperatation because of abusive languages and dowry etc

My sis got married on Apr22. after marriage her in laws want our house .his husband took half of her salary every month and use abusive language for her and us. Even after a tussle he withdrew money from her a/c (feb 22). When she came to us(dec 2022) she was pregnant. They were using abusive language and threatened my parents too that if we do not sent her back, him.they will make our life hell,even they reach to my papa's office and abused him. We did't sent her bcse we can't trust them anymr

Advocate Kunal Seth answered
demanding dowry even after marriage is a crime.you can lodge a police complaint against her husband for demanding a house and other valuable things.should you have any queries please feel free to contact me.

Q: Domestic violence, property dispute with brother in law, Legal help.re

Domestic violence, property dispute with brother in law, Legal help.required Brother in law abusing

Advocate Kunal Seth answered
file written complaint in police station of your area stating all the offences committed by brother in law.if police does not take action approach court by filing complaint.should you have any questions please feel free to contact me.