Advocate Mirza Faizan Assad

Questions Answered by Advocate Mirza Faizan Assad (25+ answers)

Q: Ex-girlfriend threatening to file false case and drag me to court

My ex-girlfriend is taking revenge on me. She got to know that i was in contact with my previous girlfriend while being in a relationship with her. Now she is threatening to file false case against me and drag to jail. can a girl file a case against her ex boyfriend ?, She comes from a influential family. What are my rights and what should i do to protect myself?

Advocate Mirza Faizan Assad answered
She may file a criminal complaint/case against you before police or court u/s 376/493 of IPC for the false promise of marriage and rape, and also criminal complaint about cheating and breach of trust can be filed. It's better to try to solve the matter before friends and sort it out. Even if she files nothing much to worry, just you need to be strong and face the consequences. You have a good defense from a recent judgment of Bombay high court. It will be helpful in defending your case. Hire a lawyer and take assistance.The Bombay High Court said a promise to marry cannot be considered an inducement in every rape case.Justice Mridula Bhatkar delivered the judgment in a case filed by a girl accusing her former boyfriend of rape following their break-up.“In the case of consent got by fraud, inducement is a key element. There should be some substantial evidence on record proving that the girl was induced to such an extent that she was ready to get intimated. In such type of cases, promise to marry cannot be considered as an inducement,” said Justice Bhatkar

Q: What is the basic difference between article and section / Rule / Act

what is article in law? What is the basic difference between Section / Rule / Article /Act difference between article and republic act

Advocate Mirza Faizan Assad answered
An act is a bill which has passed through the various legislative steps required for it and which has become law. So, simply put, an act is the formally codified result of deliberation by a legislative body.An article is a separate and distinct part of a written instrument, such as a contract, statute, or constitution, that is often divided into sections. A written instrument, containing a series of rules and stipulations that are each designated as an article.A section is the distinct and numbered subdivisions in legal codes, statutes, and textbooks.The basic difference between an act, an article and a section would thus be that one is the sub-division of the other.It goes as act (the biggest) which has articles which are divided by sections.In general terms, when a Bill is proposed to be enacted, it shall be presented before the respected legislatures (law making bodies) for approval. After it is approved, the bill is presented before the president. The bill, with the consent of president, shall come into force as an Act, a Law or a Statute.An Article or a section which are numbered are meant to indicate or reflect a specific provision of an Act or a Law.

Q: How to apply for khula in india ?

We are a Sunni family, and my daughter married into a Shia Muslim family in April 2017. The Nikah was performed, and the marriage was completed. Unfortunately, she has faced domestic violence, and I have obtained a fatwa from Bareilly. My daughter wants to separate, but her husband is not agreeing to Talaq and is instead forcing her to opt for Khula. On February 5th, he plans to remarry, and we urgently seek separation.

Can we proceed with Khula by sending a notice to the husband? What if the husband does not agree to Khula?

Advocate Mirza Faizan Assad answered

Khula: A Muslim Woman’s Right to Seek Divorce in India

1. Mutual Agreement: The wife tells her husband she no longer wants to remain married, and if he agrees, he pronounces Talaq.
2. Khula (wife-initiated divorce): If the husband refuses to give Talaq, the wife can initiate Khula by offering compensation. If he agrees, the marriage is dissolved.
3. Court Intervention (Faskh): If the husband does not agree to Khula, the wife can approach the family court under the Dissolution of Muslim Marriages Act, 1939. The judge will assess the case, summon the husband, and if valid grounds exist (such as cruelty), the court can grant a divorce even without the husband's consent.

• If both parties agree, a Qazi in a mosque may issue a Khula document recording the husband's consent, with witnesses present.
• If the husband refuses, the wife can file a case in family court. The court will send a legal notice to the husband. If he fails to appear, the court can pass an ex-parte decree. If he appears, the court may try reconciliation, and if that fails, a divorce decree will be issued.

• One menstrual cycle (if she menstruates) or one month (if post-menopause) to confirm she is not pregnant.
• Until childbirth, if she is pregnant.

• Khula is irrevocable, meaning the couple cannot reunite unless they remarry.
• The court is not needed if the husband agrees to Khula, making the process simpler.
• If contested, the wife can approach a Qazi or the family court for a legal divorce.
• After divorce, the husband is responsible for child maintenance and education.

Q: I got a call from HDFC regarding opening of credit card so many times.

My mobile number is registered under DND, but still I got so many times call from HDFC bank regarding credit card and also from Axis bank. Can I file a nuisance case and request penalty from companies who are disturbing me because time is most valuable thing and these people are wasting my valuable time and violated my rights.

Advocate Mirza Faizan Assad answered
complaint to TRAI and report these numbers and also you have an option to send legal notices to these banks. followed by a consumer complaint in district forum. record or collect all the evidence like phone recording , numbers etc

Q: Consumer complaint - State Commission & NCDRC Order in my favor

Hi, I'm Tej and have a query. I had filed a consumer complaint in the Hon'ble state commission. Though I won the case, there were some discrepancies in the state commission order, so I appealed before Hon'ble NCDRC on a state commission order and won the appeal too on 23rd May 2019. The respondents were directed to pay me. The respondents are not complying the NCDRC order instead are planning to file a SLP in supreme court against the NCDRC order. if the SLP is not admitted, then are they supposed to comply the NCDRC order or do they have any other option to drag the time instead of complying to the NCDRC order? Please let me know.

Advocate Mirza Faizan Assad answered
They will not have any other option if they fail before supreme court and have to comply with NCDRC ORDER. It would be better if you can share the order copy of NCDRC to advice you further after reading it.