Advocate Nitesh Jandial

Questions Answered by Advocate Nitesh Jandial

Q: How does one go about obtaining bail in a false case filed under Section 376 of the IPC?

My brother has affairs with a girl Now she has filed an FIR 376 on him.Now he is in Jail. How to get bail in false 376?

Advocate Nitesh Jandial answered
Though the offense is non-bailable even then you have the right to file a bail application before The Honable Session Court and follow the further court proceedings. This is the only way to get the bail.

Q: Complaint for making false NOC affidavit

Dear Sir, My father died in year 1998. We have 3 brothers, 1 sister & Mother. Father had 600 Shares of JK Bank, which have demated 1 Brother in his name in year 2007. I was unever about that, when I came to know regarding the matter, I contacted Jk Bank through mail in year 2014, because I was out of country. In year 2017 I approach Jk Bank they deny to do anything, they said your brother have produce Affidavit of No Objection Certificate ‘NOC’ from us, to demate them in his name. Now how we can recover our share from 600 Shares, also devedent money from several years. And also as per mutual understanding he told I will transfer them 200 Shares in each brother. But he couldn’t do the same till now.Can we file FIR for fraud making NOC Affidavit. Thank you

Advocate Nitesh Jandial answered
Hello! you have no need of filing of an FIR. In your case you have to file a civil suit for your share of 200 shares from your elder brother and your another brother can be a party in the suit either from your side or from other side. I hope you get it.

Q: What to do if wife has left the house and never took care of me

I am hindu. My sick old 79 year old father lives with us. My wife since 2015 staying away from me intermitantly and now for last 6 months with no sexual relations in same house. She lives with our two daughters and has separated me and my sick old father. I was sick for one month and she didn't take any care of me. She takes no care of my sick old father.What options do I have?

Advocate Nitesh Jandial answered
Hello! Firstly you have to tell me weather you want to live with her,is there any chance of reconciliation or you want to divorce her. You have both the options. Write me your position so that i can give you right opinion.

Q: Want to shift electric wires passing over the residency area

Sir, an electric wire is passing over my house. I want to reconstruct house on the same place of land. What legal process should I do...?

Advocate Nitesh Jandial answered
Hello! In this case when the electric wires are passing over your house and you wants to reconstruct your house, you have to file an application before the PDD office for taking the permission and changing the position of wires. If in worst case permission is not granted then you have the remedy to approach the court of law.

Q: Procedure to file for divorce as husband a drug addict & harasses wife

Hello sir Actualy i want to know what should i do.actuly 5months ago i got married.After then i come to know that my husband is in extra martial affair and also he s drug addictive.so i dont want to live with him...there are lots of issues to with him..he harrassed me...i m mentaly disturbed too..bla bla..

Advocate Nitesh Jandial answered
Hello medam, extra marital affair of one spouse is a ground on which other spouse has discretion to file the divorce petition . If you want to initiate some criminal proceedings against your husband then you have the discretion to file complain under domestic voilance act. I Hope you got your answer.