Advocate Megha Kain

Questions Answered by Advocate Megha Kain

Q: What to do a case has been filled under 7 PC Act

My father has been arrested while allegedly taking bribe under 7 PC Act. A search operation was also carried at my home where they seized some Passbooks, KVPs etc. CBI has already filed chargesheet 10-12 days back under section 7, 13(1)(d) and 13(2). Can they still file a Disproportionate assets case against us? If yes, till when can they do that? Also, when can we get those seized documents back? Some documents were of my grandfather also who live with us. Thanks for the help.

Advocate Megha Kain answered
Dear querist, since section 7 of pc act applies to a public servant who accepts or obtains or agrees to accept or attempts to obtain feom any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbering to show, in the exercise of his official functions, favour or disfavour to any person or for rendering ....For this provision the maximum punishment is 5 years if the guilt is proved.If the documents have been seized by the CBI, then it forms the part of case record and same cannot be released without the permission of the court. In your father's case, you need to take legal opinion which is not possible without perusing the FiR/ complaint, chargesheet etc. It is advisable to have a personal meeting for the matter concerned.Thanks & Regards.

Q: Filed a complaint regarding robbery at my home and now received notice

I had filed a complaint in 2015 regarding robbery at my home and have received a notice from court to be present there . Can you explain why and what can be the cause.

Advocate Megha Kain answered
Dear Querist, as explained you had filed a criminal complaint for robbery at your place. The Court secures the presence of the complaint and the accused for the judicial proceedings. Since you have not mentioned what has been the fate of your case so far, it is better to have a discussion of the same. Thanks & Regards.

Q: Can application for bail be re applied as once rejected by High Court

Can high court reject interim bail on date after that can we apply again for bail In this case main person get perment bail.

Advocate Megha Kain answered
Dear querist, the High Court may reject the interim bail if it thinks the ground for bail are not met with. It is required that the High Court be made aware of the fact that the main accused person has been released on bail. Kindly explain more facts. Thanks.

Q: Can I marry my father's sister's daughter if I am Hindu?

Hellow, This is  from New Delhi. I'm hindu by religion and yadav by caste. I wanna marry a girl who is my first cousin as she is my father's real sister's daughter. Is it possible to marry her legally? And please suggest me how to marry her.

Advocate Megha Kain answered
Dear querist, as explained, you want to marry within the prohibited degrees of relations in hindus. A legal opinion can be given after having a proper discussion of a case. Since the person you want to marry comes under the prohibited degrees of relations.Thanks & Regards.

Q: How to apply for Divorce within 1 year of marriage ?

Hi my friend is Hindu and unhappily married for 5 months. He wants to be separate from his wife but is afraid that she will falesly accuse him and his family of dowry and domestic violence case. Also she does intercourse with him forcefully without his consent. He wants that his wife shud himself ask for divorce. Is there any remedy for this. He married on 3.07.2017

Advocate Megha Kain answered
Dear Querist as explained, your friend is unhappy with the marriage but the reason for unhappiness is not given. There are certain provisions for filing divorce within initial one year of marriage however for this a detailed discussion is required. Thanks & Regards.