Advocate Liyakat Khan

Questions Answered by Advocate Liyakat Khan

Q: Ways available with husband by which he can stop such perjury

Some matrimonial cases are running between x and her wife y. separated wife y filed a case of 125 crpc against husband where she makes some false statements relating her job and being aggrived from those false statements husband x files an application of crpc 340 read with 195 and prays the family court to take appropriate actions against her wife for her false statements which are supported by sworn affidavit . After preliminary inquiry being satisfied from the application of husband family court registrar lodge a complaint against wife in a competent court and a case has got registered in the title named - state vs .wife y . Now after registration of such case wife feels her mistake and request the husband for ending such type case proceedings in the welfare of family and kids and wants to come back at husband' s home with full compromise. my question is- are there any ways available with husband by which he can stop such perjury proceedings ? Is it possible to stop it via 482 in hc?

Advocate Liyakat Khan answered
As far as the matrimonial dispute is concerned, these offences are compoundable, you may submit an application before court concerned to drop the proceedins pending.As far as case u/s 340 r/w 195 is concerned you both may request the court to drop the proceeding and it will depend on the mercy of court, if the court deems it proper to secure the ends of justice in the interest of your family welfare, the court may drop the proceedings pending before it otherwise petition u/s 482 of crpc also can be filed to seek directions to the court concerned

Q: What to do against the harassment to leave the house

We are staying in our nani house under my mother share of property from last 30 years even we all took birth also in the same house sincebirt we are living but now my mama and their children are harassing is to leave the house in this case what we can do plzz suggest

Advocate Liyakat Khan answered
You haven't told about document proof of your share in the property.If you have proof, you may proceed before the court concerned to get them restrained to disturb you to live in the property peacefully

Q: Procedure for the recovery of the loan amount given to a friend.

I have given him 300,000 cash in april 2015, He told me to return 5.5L in June 2016, But today also he is making excuses , I have a stamp og 3L with a cheque. His parents also denying for payment. How can I get my money back with interest ?

Advocate Liyakat Khan answered
First of all you have to tell whether any written agreement has been executed between both of you, any chaque you have received from the borrower. If you have a chaque, you can get it bounced and then file a complaint for criminal proceedings. If you have any agreement, you can file a suit for recovery

Q: Advice in case Police harassing friends caught in park.

If a girl and boy found together in public park without any relationship not more than friends, and police caught them. Then which section apply on them and what are the remedies?

Advocate Liyakat Khan answered
Article 19 (1)(d) of the Constitution of India guarantees to move freely throughout the country. So moving anywhere in not an offense. It is further provided by law that the person who is major can move, live or travel with any person whom he/she likes. If police caught them, no offense committed by them. No action can be taken against them under any law. They can file a complaint against police for harassing them before any court of law which has jurisdiction