Advocate Mohammed Sabeer

Questions Answered by Advocate Mohammed Sabeer (25+ answers)

Q: I received court summon 279 IPC for not stopping my bike, advise.

Not sure which area of law this case includes as there is no accident caused. I was not wearing helmet and didn't stop my bike when police asked to do so.Instead when I stopped vehicle far distance apart the same police came and took me to station for not stopping and charged FIR . Now I received a summons having charged IPC 279 and asked me to appear before court. What can be the procedures to be followed and what will be the implications and actions taken. Thanks

Advocate Mohammed Sabeer answered
You just approach an advocate of your jurisdiction he will assist you to pay the fine the offence is punishable up to the imprisonment till raising of court along with fine of 2000_2500 Better you go to a lawyer near to you nothing more

Q: Can the property gifted to daughter be taken back ?

Can I take back the property given to my daughter as ishtadhanam if I change my mind. Ishtadhanam is the deed of the property given as gift. I belong to Muslim community.

Advocate Mohammed Sabeer answered
Under Muslim law when a gift is made and the subject matter of the gift is duly transferred to the possession of the diner its revocation is only possible(a) by the intervention of the court or (b) by the consent of the diner;a mere declaration on the part of the donor is not enough.

Q: Wife not coming to matrimonial home, please advise what to do ?

Sir, I got married on 2014 as per special marriage act. Am Hindu and she is Christian. Blessed with a baby girl, and only 2 yrs old. After delivery she is not willing to come to my home. Not allowing my family to see baby now. They had now done baptism for the child without informing. I want my child to be as Hindu but always willing that baby can go to church and learn prayers too. Tried lot of mediations but failed. I would like to know the following. 1. How can I bring both wife and daughter to my home legally. 2. Can I have rights to stop baptism as it's without my permission. 3. Can I get permission to bring baby for functions like onam, Diwali etc. 4. If am trying for visitation what will be the frequency to c baby in a month. 5. I would like to give maintenance for baby. Can wife get ailmony from me as my salar is 75000 and her is 15000

Advocate Mohammed Sabeer answered
1. You can file a petition for restitution of conjugal rights in family court to get an order from court to return back wife and child 2.You should also file another gaurdian OP where in you can demand interiem custody of child and require custody during holidays. In the same petition you can ask court to grant intetiem stay by which the court can prevent your wife from performing baptism3. As per law husband is entitled to give maintenance to his wife and minor children irrespective of their earning capacitt.

Q: How to obtain a declaratory order from judicial magistrate ?

Hi, i need to change my passport DOB and Place of birth as per my Birth Certificate. As per the Consulate in USA require a Declaratory order from first class judicial magistrate to change the DOB and Place of Birth. Could you please let me know the process to get the declaratory order from first class judicial magistrate? How soon i can expect the Order? And what are all document required for this? Thanks,

Advocate Mohammed Sabeer answered
Maximum of 3 Months Better you consult an advocate of your jurisdiction to get correct period.As it depends on the nature of judges presiding over there Present passportBirth certificate 10Th certificates are much needed along with communication from consulate if any

Q: Company refused to replace the product, what can be done

Bought a lenovo mobile on27.12.2016.Went faulty on 3.1.17.and entrusted it to local authorised service on same day.They said that company has a policy for replacement within one week.Later told that company refused replacement on ground that 7 days are over.Feel it is unfair..Kindly advice. 

Advocate Mohammed Sabeer answered
Yes you can file case before consumer forums for the loss suferred Nothing prevents you in acting so At first you send registered lawyer notice for both the parties and after recipt of replay file complaint by mentioning all your losses