Advocate Narendra Kumar Kashyap

Questions Answered by Advocate Narendra Kumar Kashyap

Q: Ipc 323 164, 332..353..504..506 compromisable? What to do now??

Is this section 323 504 and 506 are compromisable what is the right way to finish this all sections? I m student is this effect my career??

Advocate Narendra Kumar Kashyap answered
in all these sections 332 ipc is not compoundable. the high court have jurisdiction to quash all these sections/case. the way to finish the case is file a petition in high court on the basis of compromise requesting therein to quash the case, as the parties have solved their dispute

Q: Can cell phone records prove adultery in India

For fighting a DV and divorce case, how can I get a court order to obtain phone call records and Gmail chat history from the past 7 years? Background: I was scolded by my wife's lover over the phone (I have the call records) on the very first day after our marriage 7 years ago, and the marriage has been non-consummated. Since then, my wife and I have been living separately after our families verbally settled the matter. Now, her lover and she are trying to extort money and have filed a DV case against me and my family. Consequently, I have filed for divorce. She has been living with her lover (who is married to another woman) in secret. I have many hotel records showing where she stayed with her lover. However, I need their phone call records and Google chat history from the server (even if deleted). I need to prove adultery and cheating and want to send both of them to jail. How can I get a relevant court order for this? I am willing to go to the Supreme Court if necessary.

Advocate Narendra Kumar Kashyap answered
you can move an application beore court to direct the police( servilance cell) to produce phone call detailas (CDR) of your wife, if court orders, you can get the records otherwise not. as you have stated you have record of hotels where your wife and her lover stayed together, you can file a case on her lover and can also file a case for seeking divirce on the basis of adultry. this fact will also help you to prove yourself innocent in case of domestict vilonce, that why your wife is levelling false alligation on you and your family becase she is being restained form leading a life of adultry.

Q: Cheque bounce and cheating case by tenant

My new tenant made rent agreement of flat and issued a check of advance rent & one month security amount and hand over to him flat keys. When cheque is deposited in back & it is returned by the bank and the matter was informed to the issuer and demanded to immediately online transfer the amount in my bank account. But he made series of excuses & still not transfer the amount. After 15 days he returned the flat keys and cancel the deal. I have demanded at least pay one month rent if you want to cancel the deal. Tenant is fraud.

Advocate Narendra Kumar Kashyap answered
do you have the cheque leaf or you have returned it. first send legal notice, if notice is not answered or amount is not paid you can file a case under negotiable instrument act for cheque bounce. you will get the amount mentioned on check leaf by the court order after establishing your case

Q: Marriage related of friends under family

Can my friend marry his mothers cousin brothers daughter.?Hindu by religion.

Advocate Narendra Kumar Kashyap answered
yes such kind of my of marriage is common nowadays . it's also depend on the customary rules. in some part of our country such kind of marriages are not considered good while in some part marriages in close relations also permissible.

Q: My family forcefully marriage with another guy

Sir I am Hindu and a guy love him he is also Hindu before 2 months my family was agree for him but now my family is forcing me to marry with another guy but I can't do this if I complain police then they will not take action because my family is powerful and my family can kill me also so how to escape yourself from this situation I don't want to marry with anyone because I love with another guy

Advocate Narendra Kumar Kashyap answered
such kind of situation is not easy, if you didn't want to marry a person the only way is that convince your family. the second way is that elope with a guy of your choice and marry him. after getting married you can also take help from the court to direct the police to ensure your safety