Advocate Puja Mann

Questions Answered by Advocate Puja Mann

Q: Kotak ke dwara kiye gaye civil suit me criminal section lagane ke bare

Maine 2021 August me kotak se ek pre approved personal loan 60k ka liya tha jiski main kewal 2 emi pay kar paya aur ab bank ne 2025 November me mere khilaf 316,318,351,61 Bns me case file kiya hai. Main Delhi rahta hu case kolkata me kiya h aur agreement me subject to jurisdiction Chennai hai. Mujhe iske regarding help karen.

Advocate Puja Mann answered
Since the loan was taken in 2021 and only two EMIs were paid, the bank’s allegation and the exact contents of the FIR/complaint need to be examined first. Sections 316 and 318 BNS relate to criminal breach of trust and cheating, while Sections 351 and 61 concern criminal intimidation and criminal conspiracy. A mere default in repayment of a loan does not automatically constitute cheating; the prosecution must establish the requisite criminal ingredients, including dishonest intention where cheating is alleged. The Supreme Court has reiterated that dishonest intention for cheating must exist from the inception of the transaction. As regards Kolkata jurisdiction, Criminal jurisdiction is generally connected with where the alleged offence or relevant part of it occurred, and BNSS provides specific rules for cheating and criminal breach of trust. You should immediately obtain a copy of the FIR/complaint, loan agreement, sanction/disbursement documents, repayment statement and summons/order, and do not ignore the case or summons merely because you reside in Delhi.

Q: File for divorce done in aryasamaj mandir

for a non indian national who got married in arya samaj mandir around 2008 and signed a document with a lawyer but cannot remember where she got married or where she signed how can she apply for divorce or annulment of marriage. the guy left her after marriage and they didn't stay together for even 10 days. she doesn't remember the guy's detail or any detail at all. what can she do it annule it and how can she contact a lawyer directly

Advocate Puja Mann answered
Since you don’t remember the date, place, husband’s details or documents, you should first approach the Arya Samaj Mandir in which state you got married, check out with all Arya Samaj Mandir in that state and from there only you can get details of husband. Once themarriage record and jurisdiction are established, a family law advocate can guide your for divorce proceedings under section 19 of Hindu marriage act.