Advocate Mohd. Sohail

Questions Answered by Advocate Mohd. Sohail

Q: what would happen if i will not present in prosecution evidence hearin

Hi - I filed a criminal cases against section 354,506,509,446 in the year 2016. Now i am married and dont want to fight and want to withdraw. WhAT IS THE PROCESS. This is against state versus accused Please advise the steps.If i am unable to present in the prosecution evidence hearing what happen?

Advocate Mohd. Sohail answered
Already FIR has been registered and now the matter is state versus accused.State will prosecute the accused person and in case if you don't want to go ahead withdraw the case by way of compounding.so this the option you have.in case at the time of prosection evidence if you keep yourself absent then in the end court will issue summons against you.

Q: deny maintenance on desertion and cruelty grounds

Wife filed cases under u/s 498a and 125 crpc. In year 2005, No child I am paying 10k pm as interim. I won Divorce case on grounds of Cruelty at the hands of wife, (written evidence by wife that she was a liar, and mostly stayed at her parental home, and was forcing to stay away from matrimonial home)We (myself, mother and brother) got acquittal from 498A, 406, 304 cases on the grounds of desertion and cruelty (evidence was her written apology and mobile conversation wherein she admitted that she had filed a false case of 498a).What relief I can have in 125 and what sections can be used. Shall I continue paying maintenance u/s 125.I am jobless now.

Advocate Mohd. Sohail answered
You file an application under section 125 Crpc to show the court that am jobless now I cannot pay such high amount as maintenance.So the court will verify the facts can either reduce the maintenance or reject the interim maintenance.

Q: Does quashing petition by me is intimated by court to opposite party

An fir is lodged under section 323 504 506. If I file quashing pettition in hc court. Does opposite party be informed by hc court. Does the complainant also receives notice of quashing of fir?

Advocate Mohd. Sohail answered
Yes in the absence of complainant, quashing will not be done.High court will give proper opportunity to the complainant to show prima facie case in his favour and also why is FIR should not be quashed.

Q: Written complaint

Someone gave a written complaint at a nearby police station against my brother, but no FIR has been filed. Now we have sorted the matter with other party. We have to go the police station to meet SHO. If he asks to write, what we want to say. What should we write on paper, which is appropriate and cannot be used against any of us in future.

Advocate Mohd. Sohail answered
File a proper reply that the matter had been already settled with the party so kindly dispose of the present complaint and take representation on record for the disposal of the present complaint.And also disclose the terms of settlement in your reply.

Q: Husband left USA and married a brazilian woman w/o divorcing me first

I was actively married/living with my Brazilian husband in the US from 1992 - 1999 at which point he moved back to Brazil and married a Brazilian. He just came back to the US and wants me to help him get a Green Card now, even though we haven't spoken in all this time. (He also married a second Brazilian woman after divorcing the first Brazilian; I believe they haven't gotten divorced.) I just want a real divorce from him (I never sought one by myself.)Is he guilty of Bigamy? He doesn't want legal problems of course, but he's really pressuring me to "look" married for his Green Card. I would like to counter with "Divorce me w/ no complaints and no Community Property division, and I won't turn you in for Bigamy".

Advocate Mohd. Sohail answered
You both file a divorce by way of mutual consent without putting allegations on each other and put end to this deadlock matrimonial relationship.In this type of divorce terms of settlement will not be disclosed and both can part your ways with ease.