Advocate Mirza Faizan Assad

Questions Answered by Advocate Mirza Faizan Assad

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 Sunni family and my daughter got married in april, 2017 to a Shia muslim family , they did Nikaah and marriage was done. Domestic violence has been done and i brought a fatwa from barielly. My Daughter wants to separate and the husband is not agreeing for talak and forcing the girl to do Khulla. on 5th feb he will marry again and we want separation can we perform Khula by sending him a notice? what if husband does not agree to khula?

Advocate Mirza Faizan Assad answered
Khula is the right of a woman in Islam to seek a divorce or separation from her husband. More accurately, it is merely the right of a wife to seek a release from the marriage bond.Khula’ means the separation of the wife in return for a payment; the husband takes the payment and lets his wife go, whether this payment is the mahr which he gave to her, or more or less than that. The basic principle concerning this is the verse in which Allaah says (interpretation of the meaning): “And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal-money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allaah (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allaah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al-Khul‘ (divorce)”[al-Baqarah 2:229] The evidence for that from the Sunnah is that the wife of Thaabit ibn Qays ibn Shammaas (may Allaah be pleased with him) came to the Prophet (peace and blessings of Allaah be upon him) and said, “O Messenger of Allaah, I do not find any fault with Thaabit ibn Qays in his character or his religious commitment, but I do not want to commit any act of kufr after becoming a Muslim.” The Prophet (peace and blessings of Allaah be upon him) said to her, “Will you give back his garden?” Because he had given her a garden as her mahr. She said, “Yes.” The Prophet (peace and blessings of Allaah be upon him) said to Thaabit: “Take back your garden, and divorce her.”(Narrated by al-Bukhaari, 5273). There are basically three ways for a wife can seek a divorce:1. Ask her husband that she no longer wishes to remain his wife, and the husband accedes to her request and pronounces a divorce on her.2. If the husband refuses to divorce her, she has the right to Initiate divorce proceedings in a Court, whereby the Judge will study the conditions and reasons for seeking divorce, and then summon the husband and give him an option: either he accedes to the wife's divorce request and pronounces divorce on her, or the Court will use its authority and divorce the couple.3. If the husband does not pronounce the divorce and the Judge sees a valid reason for divorce, the Judge has the authority to divorce the couple.A Muslim woman may petition a Qazi to grant her divorce - over ruling the husband's refusal. This authority of the Qazi is subject to certain criteria which differ amongst the jurisprudential schools (fiqh), and subsequent to attempting a reconciliation between the parties, failing which further arbitration to seek an amicable solution and voluntary proclamation of triple talaq by the husband.Ultimately the Qazi has authority to grant the divorce subject to the wife fulfilling requirements to return the mahr and compensate the husband by reimbursing him for what he provided during marriage, unless the husband is willing to forgo it, (which the Qazi usually encourages) unless the woman's action or behaviour has been such not to warrant it.After the divorce, the husband is responsible for the education and maintenance of the children. The iddah period (waiting time after a divorce) of a woman who seeks a khula, is one menstrual cycle or one month if she is post-menopause i.e. ceased menstruating. This is to ensure she is not pregnant. The iddah period also allows for reconciliation between the husband and wife. If the woman is pregnant, then the waiting period is until she gives birth. There is still the need for witnesses when seeking a khula as in a talaq.In your case, Husband is not ready to give Talak but allowing you to seek Khula which means separation is easy with out going to any court. Sometimes in the masjid, a Qazi will give a document related to Khula, where Husband consent will be recorded along with witness or you can file a Suit in family court to get the divorce decree. When the wife files a suit for dissolution of marriage, the court issues notice to the opposite party i.e. the husband and if he fails to appear after the due process of posting and publication the court can proceed with the case ex-parte and pass a decree. In the case where the husband or his representative appear he is required to file a written statement following which the court has to fix a date for pre-trial proceedings for reconciliation. If reconciliation fails and the case will be contested by the following procedure and finally court will pass a decree for dissolution of marriage.You can initiate by sending legal notice but when husband itself forcing to do khula means he is ready to give his consent. Among both, Shias and Sunnis, Khula is irrevocable. Other requirements are the same as in khula and the wife must undergo the period of iddat and in both the divorce is essentially an act of the parties, and no intervention by the court is required if not contested.

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.