Advocate Mahrukh Khan

Questions Answered by Advocate Mahrukh Khan (200+ answers)

Q: Lawyer Asking Me to Withdraw Maintenance and Residence Applications

My divorce case has been pending for almost 2 years. My lawyer filed applications for maintenance and residence in the Family Court under the DV Act. For the last 6 months, there has been no progress. Now my lawyer is advising me to withdraw the maintenance and residence applications and file a separate DV case in criminal court. I am unemployed and cannot afford multiple cases. Should I withdraw the existing applications? What are the consequences? Should I seek a second legal opinion?

Advocate Mahrukh Khan answered
Don’t withdraw the existing maintenance and residence applications without understanding why. Since you are unemployed and cannot afford multiple cases, get a second legal opinion first.Before withdrawing, ask your lawyer:Why is a separate DV case necessary?Can relief be obtained in the existing case?Will withdrawal affect your existing claims or cause further delay?Can the present case be expedited?Best practical step: Get a second opinion from a DV/Family Court advocate before signing any withdrawal application.

Q: Required a advocate for divorce a file

Required a advocate for divorce a file I want a advocate for file a divorce

Advocate Mahrukh Khan answered
Consult a divorce lawyer and discuss the facts and grounds for divorce.Prepare the required documents, including marriage certificate, ID/address proof, photographs, and relevant evidence.The advocate drafts the divorce petition stating the facts and legal grounds.The petition is filed before the appropriate Family Court/District Court having jurisdiction.The court scrutinizes the petition and, if accepted, issues notice to the other spouse.Both parties appear before the court and submit their statements/evidence.After hearing both sides, the court passes the divorce decree.For mutual consent divorce, both spouses jointly file the petition and follow the applicable statutory stages.

Q: Interim Stay Order under Section 38(8) to freeze loan account status

I took an auto loan of Rs 2,13,722 from IndusInd Bank. Paid all EMIs on time, but within 5 months, the vehicle was destroyed in a fire. I filed a case in Consumer Court. The insurance company paid Rs 2,00,000, and I paid the remaining Rs 13,903. The entire loan stands 100% cleared "UNDER PROTEST". The bank suffered zero loss and earned a profit.As per Clause 1.1 of the agreement, the bank has technical provision for Asset Substitution (amending engine/chassis numbers), which they admitted in writing. However, now the bank is rushing to unilaterally close the loan account to stop hypothecation transfer to my new vehicle.The Hon'ble Judge asked if there is a past precedent for vehicle substitution. Most accident victims are defaulters, so no such precedent exists. Since the bank has provision but is denying it, how can I obtain an Interim Stay Order under Section 38(8) to freeze the account status?

Advocate Mahrukh Khan answered
your Section 38(8) interim application should argue:The full loan amount has already been paid under protest.The vehicle was destroyed by fire and the insurer paid ₹2 lakh; you paid the balance.Clause 1.1 expressly provides for asset substitution, and the Bank has admitted this in writing.If the Bank closes the loan/hypothecation now, your pending claim for substitution may become ineffective.Therefore, seek an interim status-quo order, restraining the Bank from unilaterally closing/changing the loan or hypothecation status until the consumer case is decided.You do not necessarily need an identical precedent; rely on the contractual clause, the Bank's written admission, and the need to preserve the subject matter.Prayer: “Direct the Opposite Party to maintain status quo and restrain it from taking any action which may frustrate the Applicant's contractual asset-substitution claim pending final adjudication.”

Q: paytm wrong transaction refund 092-1477-4511

To recover money 092-1477-4511sent to the wrong person, report the transaction immediately through the Paytm 24x7 Help portal or app, as completed UPI transfers cannot be instantly reversed. [1] (https://paytm.com/support/upi/recover-money-sent-to-wrong-upi-id-paytm)

Advocate Mahrukh Khan answered
If you have accidentally transferred money to the wrong person or UPI ID, you should immediately report the transaction through the Paytm 24×7 Help section or the Paytm app. Provide the transaction ID, date, amount, and details of the recipient, and request Paytm and your bank to initiate the appropriate recovery process. Since a completed UPI transaction generally cannot be instantly reversed, it is important to report the incorrect transaction as soon as possible and keep all transaction records and screenshots for future reference

Q: Legal action over fraudulent ST MBBS admissions

In 2018, 9 MBBS students in Maharashtra allegedly obtained ST-quota seats using forged caste validity certificates. The ST Scrutiny Committee confirmed the certificates were not issued by it. A chargesheet followed and ₹95 lakh was recovered. Yet 9 genuine ST candidates lost their seats, while most retain degrees and MMC registrations. I have the FIR, chargesheet, forged certificates and Scrutiny Committee letters. As an SC/ST activist, what legal action can I take for degree cancellation?

Advocate Mahrukh Khan answered
As an SC/ST activist, you can:Submit a formal complaint to the Maharashtra Caste Scrutiny Committee, DMER, MUHS, and NMC/State Medical Council seeking action against the 9 candidates.Seek cancellation of their false caste certificates and the benefits obtained through them under the Maharashtra Caste Certificate Act, 2000.If the authorities do not act, approach the Bombay High Court under Article 226 seeking directions for an inquiry and appropriate action, including consideration of cancellation of the MBBS degrees under Section 10(3).Attach the FIR, chargesheet, forged certificates, Scrutiny Committee letters, and evidence showing that genuine ST candidates lost the seats.The key issue is whether the Scrutiny Committee has formally cancelled/invalidated the caste certificates, or only confirmed that the certificates were not issued by it.