Advocate Prateek Kumar

Questions Answered by Advocate Prateek Kumar

Q: Legal Remedy in case girl friend threatens to file rape case on bf

I was in a relationship with my gf for 2 yrs. I never promised her to marry. Now she has threatened me to file a rape case nd exploitation case against me. She has picture of us in which she is bearing sindur in her mang. Can she file case against me?

Advocate Prateek Kumar answered
If she has a picture with you where she is wearing sindur, it will be difficult to show to the court that you never promised to marry, unless you say that there is no other evidence like SMS, Watsapp, Email, FB Chat, Letter, Call Recording etc. Even then this picture may need some justification, like the fact that you were preparing for some theatre performance and thought that you guys may click a pic together. Any way, there may be many other details that may give a solution.

Q: Extra Martial affairs issue what to do

Dear sir, One of my friends have an affair with a lady since last 15 yrs now her husband records all call details and what's up msgs through a detective agency and now husband and wife both are threatening my friend to file a case against him which can cost his job too,but relationship was started by that lady she send him lots of msgs,pics and videos too.kindly suggest.Is my friend only guilty?

Advocate Prateek Kumar answered
The law on adultry is biased in the favour of women so howsoever sad it may be, the fact is that in law your friend alone is guilty. The way out is to try and reach an agreement with the husband to not file a case. You should try to make the photographs disappear, if there are any.

Q: Salary not credited by ex emplyers and harassment

My salary has not been credited for January 2017 but rest of the employees have got the salaries. They want to terminate me without any reason. I have been harrassed. I have not done any fraud, misconduct, disobedience, misappropriation or breach of contract. I have been working for 2 years with this company. I am the only earning member.

Advocate Prateek Kumar answered
If they have not paid the salary for any month without due procedure and without initiating any internal enquiry then it is wrong and you can initiate legal action against the company. The labour court will be the best forum to file the application for recovery of wages.

Q: Do I have legal rights on my fathers property

Hi All I am living in delhi and have doubt that my father has transferred our all property of village in the name of my younger brother.i have requested him to show me all the documents that all property register in ur name instead of my younger brother but he refused me to show documents. In that case how can i will know that i have legal rights on my father's property or not.....please suggest the same.....

Advocate Prateek Kumar answered
In case of ancestral property your father has no right to give it to your brother by a will or gift or any other way. In case of self acquired property you have no right to claim a penny from it. The answer to your case depends on the legal nature of the property.

Q: Fired from IT company and not allowed to give notice period what to do

I was fired from a IT company in gurgaon after being in pip for 2 months.During exit I asked them to extend my pip or to let me serve the complete notice period of 3 months since I did not have a job at that point.They did not listen and relieved me on the same day.After coming out I had to face problems finding a job because every recruiter asked me as to why I left my job when I did not have any offer from outside.This also affected my health and I have been suffering from severe depression ever since my exit and living on antidepressants.Please advice if I can file a case against this organization for not being flexible and not giving me enough time to look for a job?

Advocate Prateek Kumar answered
If they have given you the salary for the notice period then you can not do anything. If they have not given you the salary for the notice period then you can seek that money though court. Feel free to contact.