Advocate Rakesh Srivastava

Questions Answered by Advocate Rakesh Srivastava

Q: Procedure to rectify date mentioned in the FIR

In a order to get a FIR from court in our letter to SSP wrong date of incident is mentioned..So how to rectify it..

Advocate Rakesh Srivastava answered
There is no provision of amendment in F.I.R in Cr.P.C therefore you will have to send another letter to SSP for lodging F.I.R mentioning about the previous letter and now you can write the correct date of the incident.

Q: Fake case against my family by an advocate

On 5th Oct 2016 my brother was going on a bike to drop two kids to school suddenly a Swift car collided with his bike and an argument was started and car driver and two others came out from car and abused him when he opposed the said conflict; then all three started to beat him very badly with an iron rod and fled away after injuring him seriously. he received serious injuries in head,eye,hands,ankle,fingers and his right leg was broken in many parts. Then we took him to govt. hospital and filed a F.I.R against accused under I.P.C. 279,323,325 and 506.and nothing happened in a year's time but now the accused has counter file a fake case (Plea #3815/17, section 323,504,506 & 427 IPC at ACJM-II court, room no.32, Ghaziabad) on my big brother and the victim and two others of my relatives, since accused is himself an advocate so please guide us what to do?

Advocate Rakesh Srivastava answered
Nothing to worry.It is anormal thing that any person who is invoved in a criminal case files a counter case in his defence so that he can pressurise to comprmise in your case .You should not worry about that case because your was filed earlier.You should fight your case with full concise .You can also file an application in the court where the is pending that the accused persons are thretening him to to beat you and implicate you in a false case as he is an advocate and can influnce the court of being an advocte and court be order to protect you from the accused persons.

Q: Required separate entry way at parental house in which i also invested

We have own house of parental , but now we have got separate from brothers & parents so can we demand separate entryway from my parents & brother , because i have expended my fund on that property , but property register on my father , so what i do

Advocate Rakesh Srivastava answered
Acccording to easement Act any person who have owned the property by purchase or by ancestral property he has rigt to way.This is an important right and thus he can file a suit in the competent jurisdiction for giving him right of way from his house.

Q: Procedure for contested divorce in case husband is abusive.

mere husband mujhe roj maarte abb mae mayke mae aa gyi to kahte teri family ko jaan se maar dunnga.I want to divorse.or jhuti report darj krra rahe h.

Advocate Rakesh Srivastava answered
You may file a case u/s 12 of domestic voilence Act for torture by your husband for compensation as well as you may also file a case u/s 13 Hindu Marriage Act for divorce on the ground of cruality by your husband.

Q: 37 lakhs stolen by wife from joint a/c & divorce on cruelty filed

Court summon not served to husband, 9 years marriage 18 months separation, wife took all money around 37 lakhs from joint a/c which was husband's earnings and jewellery also, now putting claim on joint property also which was also 100% paid for by husband, she earns well now, highly qualified and husband helped her in studies abroad, funded and spent on her heavily, she's filed divorce u/s 13 on cruelty in punjab while she lives in mumbai and her inlaws and husband live in delhi ncr, court summons not received by husband but he became aware thru lawyer recently after ex parte was down, no further info from court or wife's side, wht to do, we were waiting for proper service of summons and allegations are frivolous and false and wanted to challenge jurisdiction, how to proceed? please help? and how to recover money?

Advocate Rakesh Srivastava answered
Husband can file anappeal in the high court against the exparty order.He if exparty decision not given by the family court husband can himself appear in the court & can challange the exparty proceeding which the court may set aside .The question of jurisdiction is an other issue .wife can file the divorce petition where the marriage was soleminised & also where she was lastly reside with the hisband. The qestion of withdrawing the money by her may not be challenge in the court as it was a joint account with her husband.