Advocate Suneel Kumar

Questions Answered by Advocate Suneel Kumar

Q: Punishment for producing fake income certificate to get rebate in fee

A person working on 10 lakh per annum salary in private IT company has produced fake income certificate for getting shool fee rebate showing income earned from all sources as 50000 rs the certificate issued by tehsildar i fear same can be used to avail govt schemes too. Please suggest what is the punishment for fake income certificate in india ?

Advocate Suneel Kumar answered
Aggrieved person can move a criminal complaint to the police for commiting fraud and the forgery .Since he has placed the fake documents and has misrepresented thee facts to you .This is well within the definition of the Sections of the ipc.You can move a criminal complaint or can also move a criminal complaint to the concerned magistrate if the police does not register the F.I.R.

Q: What are the possibilities ? and What is process to prove ipc 377 on a person ?

One of my friend arrested under ipc 377 by his wife. He got 15 days judicial custody. She has MLC with her. Now whats are the possibilities to prove the section 377 ipc on him?? And what should he do now?? Plz suggest.

Advocate Suneel Kumar answered
. Since it became difficult to strike fear of arrest in husband and his family members, they decided to ‘use’ IPC 377 hoping the husband will get arrested since the crime is cognizable and non-bailable (and max punishment more than 7 years so SC directive doesn’t apply).Now just because police may take up this section and even put it in chargesheet doesn’t mean a man will get convicted. Wife will have to produce evidence, and so far I am unaware of any conviction under this clause, presumably because the section is added for fear value to get husband to give alimony/divorce, than any real desire for prosecuting him.MRAs are aware that police is not happy about usage of this section, but are also duty bound to take complaint. But maybe the misuse has spread so much that there was recent directive by Meerut police not to take action on IPC 377 complaints. That doesn’t mean the trial won’t happen, but it means that awareness of misuse is spreading at police level too.

Q: what happens if wife doesn't appear in court, can court give decision ex parte ?

Hi, I have filed null n void case against my spouse as she didn't disclose her earlier marriage happened before my marriage and didn't take the divorce from her 1st marriage. Now, Neither she has been accepting the summon and nor coming to the court on hearing. Don't know the status of summon? What should I do that she would accept the summon and incase if she wouldn't appear after receiving the summon, what happens when a spouse doesn't show up for divorce court ?,Ex partie decision would be granted by the court? Generally after how many summons, it takes to give ex-partie if she would not come to the court? Just I need to that my null and void decision would come out successfully at earliest to process on my life further.

Advocate Suneel Kumar answered
You tender exparte evidences against your wife that will help u in getting decree in your favour. Once the decree is granted you will be eligible to remarry so ask the court to turn the proceeding exparte and produce the relevant documents and witness .

Q: How can I retrieve my phone from police custody ? Could you provide the format for an application to

My phone was snatched on a public road, and within 30-40 minutes, the police apprehended the snatchers using location tracking, resulting in a case being registered for robbery and snatching. Now, the case is in district court. How can I obtain the return of my snatched phone from police custody? I have already submitted an application to the court for the release of my mobile phone (superdari application). What should be my next steps? I have a hearing in 4 days. Which documents should I bring, and what will be the procedures? Thank you.

Advocate Suneel Kumar answered
You keep the originals of the mobile receipt and documents supporting your claim on both mobile and sim card besides that you carry the original I cards and in case she asks for status report then IO will submit it's report on next date of hearing and by furnishing an indemnity bond to the tune of mobile price you can claim it..

Q: What to do if husband sent a notice of Section 9 of Hindu Marriage Act

My sister has been married for 14 years and has two sons. Two years ago, her elder son was sent to a hostel against her wishes, and her younger son, who is mentally challenged, lives with her.

In June last year, her husband and in-laws forcibly evicted her and her younger son from their home. Now, her husband has sent a legal notice under Section 9 of the Hindu Marriage Act for Restitution of Conjugal Rights (RCR). Since we do not have a father or brothers to support us, what legal options are available to protect her rights and ensure her well-being?

Advocate Suneel Kumar answered

How to Respond to a Section 9 Notice Under the Hindu Marriage Act

• File a domestic violence case if you have faced harassment or abuse.
• File a Section 125 CrPC maintenance petition to claim financial support.
• These legal steps can create pressure and help in negotiating a fair settlement.

• If you wish to reconcile, you can choose to return to your husband.
• If you do not want to continue the marriage, you must contest the RCR case to prevent your husband from using it as a ground for divorce in his favor.