Advocate Mukhtar Alam

Questions Answered by Advocate Mukhtar Alam

Q: Someone stolen bike of employee filed a complaint against employer

i was working as manager in a shop in a mall, one of my employees bike got stolen from the parking of the mall so he has accused me of that and was demanding compensation from me which i dined , also to mentioned that we are tenant of the mall and have no no control on its parking , this person had registered a FIR against me without informing me , Now after more than 2 years i came to know about it when i was called by the IO of the case , I had presented my statement as i have to do nothing with it. what should i do now i have moved to some other city and also changed my job in the mean time ,also i have qualified for a govt job and might get appointed by march 18 please help me with your advise i am really tensed about my career

Advocate Mukhtar Alam answered
fistly handed over all dacuments to invastigation officer regarding tenancy in mall and other dacuments showing yor innocency and alsosome witness of mall.requst the i.o. to submit final report clossing the case. if failed to do so then file a petion in high court for apropriate relif.

Q: Procedure for inter caste marriage through court.

 i am hindu by religion and my partner is muslim how we can get married through court? is Adhaar can be used as date of birth proof?

Advocate Mukhtar Alam answered
In India, a court marriage takes place under theSpecial Marriage Act, 1954. Both the bride and the groom must fulfill the following conditions given under section 4 of the act:They should not have a living husband/wife at the time of marriage.They should not be incapable of giving consent due to unsound mind.Even if they can give consent, they should not have a mental disorder which makes them unfit for marriage or having children.They must not suffer from insanity or epilepsy.The bride should be at least 18 years old and the groom at least 21.Both parties must not be within prohibited relationship with each other. For getting a marriage certificate the couple has to file a declaration given in the schedule of the act. Now, coming to the date of birth. The conclusive proof of it would be a birth certificate issued by competent authority, certificate issued by the school first attented, matriculation certificate, High school certificate and in the absence of above mentioned documents, the certificate issued by CMO after conducting ossification test. Aadhar is not the conclusive proof of date of birth. However, it is upto the court to accept the Aadhar as a proof of birth coupled with all attending facts, evidence of the case.