Advocate Samina Mirza

Questions Answered by Advocate Samina Mirza

Q: Can FIR be filed without evidence or valid proof ?

Can a Police Inspector in Maharashtra register Offences/FIR against a person against whom a false and fabricated complainant of loan default of Rs. 12. 40 lakhs has been filed by a unregistered money lender who has no evidence of the transaction of the loan given. Nor does he have any documentary evidence to support his claim, like Bank details, mortgage or Loan agreement that he has paid Rs.12.40 lakhs loan but insist that he has paid Rs. 12.40 lakhs in cash three years ago and therefore offences should be registered against the defaulter. The Police is trying to help the complainant and pressuring the defaulter to pay or face an FIR, can police file fir without evidence?, What should the person falsely being implicated do? And how can he take action against the Police Official who are helping the complainant?

Advocate Samina Mirza answered
if the police, upon investigation find that prima facie the allegations are valid, then they can file FIR. if thd FIR is based on flimsy grounds or if there is any glaring discrepancy then the accused can proceed for FIR quashing procedure.

Q: How to apply for khula in india ?

We are Sunni family and my daughter got married in april, 2017 to a Shia muslim family , they did Nikaah and marriage was done. Domestic violence has been done and i brought a fatwa from barielly. My Daughter wants to separate and the husband is not agreeing for talak and forcing the girl to do Khulla. on 5th feb he will marry again and we want separation can we perform Khula by sending him a notice? what if husband does not agree to khula?

Advocate Samina Mirza answered
yes. She can initiate khula, and it will be final when the husband accepts it. But, while taking khula, the wife will have to part with dower (full or a part) or some property. You have one more better option of approaching the court for dissolution of marriage. In this, the wife can seek divorce on the grounds provided in Muslim dissolution of marriage act 1939. In your case the ground can be cruelty.

Q: How to know if fir is filed against me ?

HI Team, 1)How should I find that complaint filed against me is a NC or FIR? It is been told to me that they (police) did not find any proof against me in accordance with complaints, So on the same day in the evening, they allowed me to leave. But then too I am not sure that complaint filed against me is a NC or FIR. So, Please tell me how to check if there is any fir against me online ?

Advocate Samina Mirza answered
Simplest way to do is approach the police station and ask them the details. If they are not giving you any details then you can ask by filing a RTI. Did they arrest you for investigation? How is it that you were not informed ?

Q: Paid money for commercial upfront, but builder not returning money

Hello,I paid to a builder huge amount upfront in bank transfer with an understanding of getting a large showroom. Now the builder is delaying the project and has handed over the property for construction to at third party. I would like to have my money back, but the builder is simply giving excuses. How can I get my money back. The only detail I have got is the bank transfers that I have made to the builder.Thank you for your help.

Advocate Samina Mirza answered
no doubt the builder has cheated you. you can initiate legal proceedings against him to recover the amount. the bank transfers of the amount are good enough to prove his liability. you mat begin with a legal notice and proceed further.

Q: False Complaint Charge By Other Party

Dear Sir, One my friend take money from me for his personal reason before 3 years, while I am asking for money back, he making false complaint against me of threatening and fighting. Now he first register false complaint at SP office, even through I have all documents proofs, complaint came from SP office, local police not cooperating me, they are filing case without investigation, kindly advice.

Advocate Samina Mirza answered
if you have all the documents with you then your position is strong. please take proper legal advice by discussing as to what exactly are the allegations put against you. if you take proper measure beforehand and can prevent the lodging of FIR, it will be good.