Advocate Kundan Singh Pathania

Questions Answered by Advocate Kundan Singh Pathania (50+ answers)

Q: Fake case after marriage and in relationship

We have relationship from last 5 years after that we had marriage in arya samaj mandir and registered in a court on same day we have produced all the documents and all are original after 1 year of marriage the girl in pressure of parents saying he will file rape against me is it possible we are 5 years in relationship and 1 year before marriage is done and registered in the registrar office what to do girl and parents both have changed and threatening to file rape case against me

Advocate Kundan Singh Pathania answered
It is happening nowadays that parents are filing false cases of rape . Risk of conviction exists . To protect yourself you have to prepare all relevant documents and have them examined by an advocate. You can also prepare an affidavit which I can draft after seeing relevant documents. That will give you protection.

Q: Canadian VISA | Police Clarence Certificate

7 month ago my paternal uncle registered a fake FIR against me IPC 323/504/506.I have not received any summon till now.My employer recently asked me to visit Canada1. Will this FIR affect the Canadian visa process ?n2. Can I get clean Police clearance certificate ?

Advocate Kundan Singh Pathania answered
Since you have not received any summons till now, so you are not yet in play in the case. However it is in your interest to be 8nformed about the case for which you have to take legal help which I can give on receiving full information. Since you are not convicted, it won't affect your foreign travel like convictions which have to be reported. Non cognizable offences are not so serious and go to ncr register unlike cognizable offences which have to be handled differently. I can advise on that only after seeing relevant documents.

Q: FIR FILING ON ME Due to Facebook comment

Someone on Facebook threatened me that he was filed an fir on me due to Facebook commentnThe wrong comments are first passed by him for my wife and I am replying to that commetnLater he was showing and ask that I was giving him "gaali"nAm ask him for a copy of firnnPls suggest

Advocate Kundan Singh Pathania answered
You have not provided sufficient details. Please provide details of conversation for preparing appropriate appreciation and defence. Since he has passed inappropriate comments on your wife, good response can be prepared and not only his probability of losing increases but he too becomes liable for punishment and compensation payment. Save and provide entire conversation.

Q: Had a mutual breakup. Ex Girlfriend looks a bit suicidal

Hello, I(20 years old) am an international Student in germany(came this year in Feburary, from delhi) was in an online relation with a girl(20) from varanasi, we never promised each other of anything. We weren't good for each other, and hence, called off the relationship mutually, some days back. She seems sad and a pinch bit suicidal, but she said she respects our decision.My question is how to approach the situation further, as I'm worried she might be suicidal, and I am here in abroad, how can I file a GD in varanasi from here. Secondly, if hypothetically she commits suicide(which I do not want, but still I read a lot of law literature), what would be done against me as I have just started my education abroad.I am really stressed because of this situation, so I want a clear solution and all our communication(chats and calls) display, the breakup was mutual and I was always supportive of her growth and there were positive vibes even after breakup.

Advocate Kundan Singh Pathania answered
Ideally, because of the risk of the girl committing suicide, you should inform her parents/wards , relevant police authorities, and relevant branches of government and some other authorities for her safety and health. This will also give you protection from possible criminal charges in case of any undesirable occurrence. This application has to be properly drafted with all specific details and language to give you legal protection from the earliest stage which strengthens your protection. This requires professional advocate and I can make it for you for which you have to send me all specifics and details. Additionally, you should immediately inform the girls' parents, college/work authorities in a brief note stating that there is possibility of her committing sucide and requesting them to take appropriate action and also stating that you are worried and detailed note will be sent subsequently. Namaste.

Q: Fir in section 376 sex on pretext of marriage. To be sorted amicably.

My relative has filed an FIR against a person in section 376 sex on pretext of marriage on 16.09.2022.Now due to family pressure she wants to settle the case amicably. How can she proceed the case.

Advocate Kundan Singh Pathania answered
You have to state specifics. What is written by her in her their, what is written in fir. What stage is the case in. Has statement of victim been recorded u/s 161, 164, Crpc? Has victim given her chief? Has her cross examination been done? Who and how many are witnesses and what is their relation with victim and accused? Information about witnesses like victim as stated above needs to be provided. Then it can be answered how to proceed.