Advocate Pawan Kumar Verma

Questions Answered by Advocate Pawan Kumar Verma

Q: Booking husband for attempt to murder and filing divorce petition

My cruel husband gave me poison in milk to kill me, but after feeling that in i did vomits and made me live.i have recording of my mother in laws that he gave me something in milk.i have lodged FIR in P.S. now what will happen? and is it enough to proove of attempt to murder? if he goes jail how i divorce h im and how he will compensate me and my baby?

Advocate Pawan Kumar Verma answered
As FIR was lodged against husband thn evidence is required against husband and if mother gave poision and it supported any criminal conspiracy then police investigation will rewail all circumstances. Rest divorce matter u can file divorce petition and demand for maintenance as it is seperate from crimnal cases.

Q: Procedure to transfer a case which is under Trial

Hi, I was married in Alwar Rajasthan. My in-laws n family resides there. Husband & I were residing in Dubai.. there was immense dowry harassment and domestic violence. With all evidence and proofs I was filed 498a at my parental city Bhopal MP. The FIR is registered under "0" . I meantime I have received a lot of death threatening calls. How can I transfer my jurisdiction from Rajasthan to mp. Expect for 498a, DV what all other cases can I strongly put against them so that they shall be punished.

Advocate Pawan Kumar Verma answered
You can transfer the case through filling petition in supreme court for transfer the case, require to mention urgency then summon to another party, if respondent not attended then ex party will be done.

Q: What action can i take against unlawful case filed against me

Maine kisi par cheqe bounce ka case Kiya tha..usne court me samjhauta karke mujhe payment de Diya.uske Baad usne mujhe ghar par Aakar dhamki di.maine us par 116 ka istagasa kar diya.woh 20000 ke muchalke par jamanat Kara Li..ab usne mujhe par 116 ka jhutha istagasa Kiya hai.usne kaha hai ki uski biwi ke mujhse Prem sambandh hai. Baad Mai usne apna case bapas le Liya hai. Ab main us par maanhani ka case karna chahta hu..kya yeh sambhav hai..plz mujhe koi advocate sujest kiziye.

Advocate Pawan Kumar Verma answered
U can file case for forged case filing as per IPC section 182, and u can file suit for adultry against friend of ur wife , simantaneously u can file a divorce as adultry is a best ground for divorce. Adv Pawan

Q: What is the procedure for canceling any FIR

What is the procedure of cancellation of F.I.R.? I lodged a FIR against a uber driver for damaging my bike in a accident due to his careless driving.Now, I want to cancel that FIR because I don't want to do any further legal proceedings against him.

Advocate Pawan Kumar Verma answered
1) FIR can not be withdrawn.2) the better option is to get it quashed from the concerned High Court in view of the compromise arrived at between the disputing parties.3)However, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of civil, mercantile, commercial, financial, partnership or such like transactions or the offences arising out of matrimony, particularly relating to dowry, etc. or the family dispute, where the wrong is basically to victim and the offender and victim have settled all disputes between them amicably, irrespective of the fact that such offences have not been made compoundable, the High Court may within the framework of its inherent power, quash the criminal proceeding or criminal complaint or F.I.R if it is satisfied that on the face of such settlement, there is hardly any likelihood of offender being convicted and by not quashing the criminal proceedings, justice shall be casualty and ends of justice shall be defeated. The above list is illustrative and not exhaustive. Each case will depend on its own facts and no hard and fast category can be prescribed

Q: Want to divorce my husband what can be the legal grounds for it

i want to divorce my husband on grounds of sexual assault, for this i taking help of my best friend he is male.for this i talk with my helpful friend (well known to my father) much time which is wrongly taken by my husband that i m relationship with, i want my friend not in any trouble, can my husband do anything legal with him? or what proofs are must be there for sexual assault, lower earning which is not sufficient(husband's), abusing nature?

Advocate Pawan Kumar Verma answered
For Divorce grounds from wife side can be -Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act etc are included under cruelty.Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.Conversion – Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases.Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.The following are the grounds for divorce in India on which a petition can be filed only by the wife.· If the husband has indulged in rape, bestiality and sodomy.· If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce.· A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.· If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce. And husband can file case against wofe friend case of adultru if he found wife in sexual relationship with friend. rest when discussed the matterAdv Pawan verma