Advocate Parveen Kumar

Questions Answered by Advocate Parveen Kumar

Q: Child custody to father of a 7 yr old boy

Can father get Custody of a 7 year old male child and court will ask boy to for his interest if he wants to live with father or mother

Advocate Parveen Kumar answered
Yes a father can claim child custody in the court on the basis of facts I.e. for the better future of child, financial and educational status of mother as well as father and other related circumstances, and other noticeable facts

Q: What does being prosecuted mean

A complaint(not an FIR) case was registered against me. The magistrate issued summon order. I got bail. The complainant and witness later rescinded their statement. I was aquited. No chargesheet was filed against me. Now i have to fill in a attestation form "have you ever been prosecuted". Should i fill yes or no?

Advocate Parveen Kumar answered
It is true fact that you are prosecuted perivousely and acquitted after trial. You should fill with 'Yes' , definitely there would be another field related to acquittal or guilty, choose 'No'.Concealment of information is against the law.

Q: I want a divorce & separation from wife

My wife wants me to separate from parents...putting false allegations to my mother & brother...what should I do

Advocate Parveen Kumar answered
You can file petition under section 10 for judicial seperation before the family court by stating the fact or you can file divorce petition under section 13 of HMA before family court by stating the facts. If your wife living seperately since last 2 years than desertion is also a sound ground for divorce.

Q: Someone encashed previous bank account cheque & got bounced

my account was closed by bank in year 2013. the reason for that is move my account to upper limit.For this the bank open a new account using my same customer id of previous account. Now my problem is someone encashed my previous account blank cheque for rs.1300000 and it got bounced.Now he has sent me a legal notice. pls suggest

Advocate Parveen Kumar answered
Reply the legal notice and define facts which you have than wait for his move of filing complaint case under 138 of NI Act. Reply of Legal notice should draft wisely to take appropriate ground. Any other query you can call me

Q: Notice to informant to appear before court after filing FIR

Hi Sir..I filed a FIR in 2012 as First informant of company. I have now received notice to appear in court in 2018. In the interim period there was no communication from police. What does this imply ? Regards

Advocate Parveen Kumar answered
You should move an application in concern court of MM for calling status report of your FIR. The court will call status report from io/sho of concern Police stationMM can monitor a case day to day u/s 156(3)