Advocate Mohit Kumar

Questions Answered by Advocate Mohit Kumar (25+ answers)

Q: FIR UNDER BNS 281 AND 106 in accident in car and bike in which both di

If there is no fault of driver of a car and bike rider is on full fault then how the car driver will be punished in the final judgement

Advocate Mohit Kumar answered
In a motor accident claim, the first thing to establish is negligence. If the evidence clearly shows that the car driver was not negligent and the accident occurred solely due to the rash or negligent conduct of the bike rider, the car driver cannot be held liable merely because his car was involved in the accident. In an MACT proceeding, the issue is primarily compensation and not punishment. If there is a separate criminal case, the prosecution still has to prove the required negligence or rash driving against the car driver. Therefore, if the car driver is found completely free from fault, he should not be punished or made liable merely on the basis of the occurrence of the accident.

Q: Birth certificate - name inclusion

Hi, I have a question regarding inclusion of my name in my birth certificate that I need for some legal purposes. I am 33 yrs old, Delhi born. First, there is no name in my birth certificate. Second, my birth father died and my mother subsequently remarried (have marriage certificate). I take my step father's surname. I now need a birth certificate with my (original) name on it and I suppose another document to suggest that it is indeed my birth certificate. What should be the procedure?

Advocate Mohit Kumar answered
Since your name was never entered in your original birth certificate, this would generally be treated as an application for addition/inclusion of name in the birth record, rather than correction of an existing name.First, you should obtain the latest copy of your birth certificate and verify the original birth registration record with the concerned Registrar of Births and Deaths in Delhi. If the birth was registered with MCD, the application should ordinarily be made before the concerned MCD Registrar/Sub-Registrar.As you are now 33 years old, the authority may require additional documents to establish your identity and the continuity between the person mentioned in the birth record and your present identity. You should keep your existing birth certificate, school or 10th class certificate, Aadhaar or other identity documents, and any old document showing the original name. Your father's death certificate and your mother's documents may also be useful, particularly if they explain the circumstances in which your surname subsequently changed after your mother's remarriage.If your present documents contain your step-father's surname but you want your original name reflected in the birth certificate, this distinction should be clearly explained in the application. It is important not to present this as a correction of a wrong entry if your name was actually left blank in the original record.If the Registrar accepts the application, the name can be added according to the applicable procedure. If the authority refuses the request because of your age or any other procedural objection, ask for the refusal in writing. The appropriate further legal remedy can then be considered on the basis of the refusal and the documents available with you.Therefore, the first practical step is to verify the original birth registration record and approach the concerned Registrar with the supporting documents. If you have the existing birth certificate and an old document showing your original name, the exact procedure can be assessed more precisely.

Q: How do I raise a complaint in DMart?-*9661550385

How to raise a complaint in DMart? Contact us (+91)–9661-550-385. )) 9661550385 (( Check 24/7 Toll-Free Numbers, Email, SMS support...

Advocate Mohit Kumar answered
If you have a grievance against DMart regarding a product, billing issue, refund, defective goods, deficiency in service, or any other consumer-related issue, you should first raise the complaint with the concerned DMart store/customer support and keep proof of the complaint, bill, payment record and other relevant documents.If the issue is not resolved satisfactorily, you can approach the National Consumer Helpline (NCH) for pre-litigation grievance redressal. The NCH can forward the grievance to the concerned company and provide a docket number for tracking the complaint. If the matter still remains unresolved, you may consider filing a formal consumer complaint before the appropriate Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019.For a proper legal remedy, the exact nature of your grievance is important. Please keep the purchase bill, transaction details, photographs/videos, correspondence with DMart and any complaint/reference number safely available. Based on these facts, the appropriate remedy and jurisdiction can be determined.

Q: Regarding bond for surety as FD

Mujhse ek accident hua tha jisme saamne wale ki mrityu hogayi thi..aur maine usse pehle hospital bharti kiya tha.. jiske chalte usse bachana vifal raha..mujhe court me 10k ki fd slip dikhani hai..kya ye fd post office dwara acceptable hogi? Ya kisi bank me khata hona jaruri hai?

Advocate Mohit Kumar answered
Agar Court ne sirf ₹10,000 ki FD/security dikhane ko kaha hai, to Post Office ki FD generally acceptable ho sakti hai, lekin ye Court ke specific order/direction par depend karega. Agar order mein specifically “bank FD” ya “scheduled/nationalised bank” likha hai, to Post Office FD avoid karein aur bank mein FD karwana better rahega. Safe side ke liye ₹10,000 ki FD kisi scheduled bank mein banwa kar uski original receipt Court mein produce karna sabse proper rahega.

Q: Khula, wife wants khula and initiating it

As Muslim women. Wife is wants khula and initiating it. Does she is entitled to alimony and maintainance?

Advocate Mohit Kumar answered
she is generally entitled to maintenance only during the iddat period under the Muslim Women (Protection of Rights on Divorce) Act, 1986, but not to future alimony or maintenance, as khula typically involves the wife waiving her financial rights (often by returning mahr or through a settlement); however, if such waiver is not clear or the khula is disputed, she may still claim maintenance under Section 125 CrPC by proving inability to maintain herself, and as held in Danial Latifi v. Union of India, the husband remains liable to make a reasonable and fair provision for her future, payable within the iddat period.