Advocate Mayank Kumar

Questions Answered by Advocate Mayank Kumar (25+ answers)

Q: Quashing of my Fir 498a and dowry and other issue

My wife has filed a 498a domestic violence case further for bail lower court asked him to keep my wife and take bail which I challenge in high court where high court said it is ombigus charges and pay 9lac as compensation and. Take bail where i challenge in supreme court where 9lac was deleted and take bail furthend his father put money on my father account to pay wedding expenses as my wife home was in Jamshedpur and marriage was done. I need to file quashing of fir

Advocate Mayank Kumar answered
Based on the facts stated by you, filing a petition for quashing of the FIR before the High Court may be an available legal remedy, but its success will depend on the contents of the FIR, the charge-sheet (if filed), and the evidence on record. The mere fact that you have obtained bail or that the Supreme Court deleted the condition of paying ₹9 lakh does not automatically result in quashing of the FIR. However, if the allegations are vague, do not disclose the essential ingredients of the alleged offences, or the prosecution is an abuse of the process of law, the High Court can exercise its inherent jurisdiction to quash the proceedings. Courts have also held that specific allegations are necessary in matrimonial offences, and vague or omnibus allegations may justify interference in appropriate cases. �Sci API +1If you have documentary evidence, such as bank records showing that the amount transferred by your father-in-law was voluntarily given towards marriage expenses and not as dowry, those documents may strengthen your case. Please consult a local advocate with copies of the FIR, charge-sheet (if any), bail orders of the Trial Court, High Court and Supreme Court, and all supporting documents so that a properly drafted quashing petition can be filed before the jurisdictional High Court.

Q: Can a simple letter can attract posco ?

My bro aged 23 got attracted to a girl 15 ,she looks aged though ,it was started by the girl herself,they rarely talked in presence of her mother few times.my bro was about to leave that place so he gave his number and asked her number & about her feelings, are those real or not ,in a paper and he got replied by a short letter too .the paper got in hands of her father .her mother warned my bro about intention of her husband to FIR upon him .it has been 24 days so far but he fears about posco.

Advocate Mayank Kumar answered
Based on the facts shared, there is no automatic POCSO case merely because your brother exchanged a note or phone number. However, since the girl is stated to be 15 years old, the matter should be treated with utmost seriousness. If no FIR has been registered even after 24 days, it does not necessarily mean one will never be filed. Your brother should immediately stop all contact with the girl and her family and should not attempt to influence or communicate with them. If an FIR is registered, he should promptly consult a criminal lawyer to seek appropriate legal remedies, including anticipatory bail (if legally maintainable under the applicable law) or regular bail, depending on the offences invoked. Preserve all relevant facts and evidence, as the exact legal advice will depend on the contents of the FIR and the allegations made.

Q: Quashing of my Fir 498a and dowry and other issue

My wife has filed a 498a domestic violence case further for bail lower court asked him to keep my wife and take bail which I challenge in high court where high court said it is ombigus charges and pay 9lac as compensation and. Take bail where i challenge in supreme court where 9lac was deleted and take bail furthend his father put money on my father account to pay wedding expenses as my wife home was in Jamshedpur and marriage was done. I need to file quashing of fir

Advocate Mayank Kumar answered
Based on the facts stated by you, your case appears to have arguable grounds for filing a petition for quashing of the FIR before the High Court. If the allegations under Section 498A IPC/BNS and the Domestic Violence proceedings are vague, omnibus, or unsupported by specific material, the High Court may exercise its inherent jurisdiction to prevent abuse of the process of law. The fact that the Hon'ble Supreme Court deleted the direction to pay ₹9 lakhs while granting bail also supports your contention that the earlier condition was not legally sustainable. Further, if the amount transferred by your father-in-law was towards marriage expenses and not as dowry, supported by bank records, it can strengthen your defence. Please share the FIR, charge sheet (if filed), and the orders of the Trial Court, High Court and Supreme Court for a detailed legal opinion and preparation of an effective quashing petit

Q: Upstith nhihoneke sambandh me.

Patni section 9 me 2 baar nhi aai,Mahila thana se bhi bulaya gya nhi aai. To aage kya hoga

Advocate Mayank Kumar answered
आप LawRato पर यह लगभग 200 शब्दों का उत्तर दे सकते हैं:उत्तर:यदि आपकी पत्नी ने हिंदू विवाह अधिनियम की धारा 9 (Restitution of Conjugal Rights) के मामले में दो बार नोटिस मिलने के बावजूद न्यायालय में उपस्थित नहीं हुई है तथा महिला थाना में बुलाए जाने पर भी समझौते के लिए नहीं आई, तो यह उसके वैवाहिक जीवन को पुनः स्थापित करने में रुचि न होने का संकेत हो सकता है। ऐसी स्थिति में पहले धारा 9 के मुकदमे को उसके तार्किक निष्कर्ष तक पहुँचने दें। यदि न्यायालय आपके पक्ष में डिक्री पारित करता है और उसके बाद भी पत्नी बिना उचित कारण आपके साथ रहने नहीं आती, तो यह भविष्य में तलाक के लिए एक महत्वपूर्ण आधार बन सकता है।यदि पत्नी लगातार अनुपस्थित रहती है, तो न्यायालय उसके विरुद्ध एकपक्षीय (Ex Parte) कार्यवाही भी कर सकता है, बशर्ते विधिवत समन की तामील हो चुकी हो। इसलिए सभी न्यायालयी कार्यवाहियों में नियमित रूप से उपस्थित रहें, आवश्यक साक्ष्य प्रस्तुत करें और अपने पक्ष को मजबूत रखें। प्रत्येक मामले के तथ्य अलग होते हैं, इसलिए अंतिम कानूनी रणनीति उपलब्ध दस्तावेजों और मुकदमे की वर्तमान स्थिति को ध्यान में रखकर तय की जानी चाहिए।

Q: My phone got seized by the school and they are not returning it

I'm in class 10th now while I was giving class 9th final exams, my phone got seized because I was using it in exam and i have learned a lesson and my parents want my phone back, it's been 2 months and my parents are still asking and they are denying it to give and telling that they will give the phone next year when I give 10th board exam

Advocate Mayank Kumar answered
The school is entitled to enforce discipline and prohibit use of mobile phones during examinations, and temporary seizure as a punitive measure is generally permissible; however, retaining the phone for an excessively long period (like 2 months or till next year) is unreasonable and disproportionate. Your parents, being the lawful guardians and likely purchasers of the phone, have the right to seek its return. You should first make a polite written representation to the Principal requesting release of the phone, acknowledging the mistake and assuring compliance with school rules in future. If the school still refuses, your parents can approach the school management or education authorities, as continued retention may amount to wrongful withholding of property. Legal action is usually not preferred in such matters, so resolving it amicably through representation is the most practical approach.