Advocate Varun Mittal

Questions Answered by Advocate Varun Mittal

Q: Bail, FIR, NO name in chargesheet, Trail, Petition for compromise

My youngest paternal uncle filed a complain under 341, 323, 325, 379/34 against my oldest paternal uncle, his two sons, my father, me and my brother. Later during police investigation, me and my brother's name were not included in Charge sheet due to our un involvement. My brother is a class 12th student of JNV and I am a Bank Clerk. My older uncle, his two sons and my father had to take bail from local thana. Two years later, everything is again fine among all of us. My older uncle approached a lawyer and he suggested to close the case by compromise. For that, all six of us have to take bail and my younger uncle will file a petition after that. nnI was of the thinking that, no case is pending against me and my brother. But, this bail thing totally changed that. My police verification is also due for clerk. I don't know what my future will be. I have been also selected for GST Inspector. nnPlease, advise me what to do to save my present and future job and my brother's future.

Advocate Varun Mittal answered
if your name is not included by the police in a charge sheet prima facie you are not an accused in that case and there are no need of bail at this stage because you are not an accused in police investigation and not a chargesheeted person. But after evidence if court thingk fit to summon you as an accused the court can summon you as an accused but don't worry ther are very few chance of it

Q: Bride Family lied about girl education

On 15.03.22 my brthr got married to a grl from Jaithra Up.He is btech gradu & handling family business of brick kiln in FBD UP. It is an arrange mrrg & we were told that grl has completed BA frm English. At 1st we denied for this relation as we were atleast looking for a bride who has completed atleast Bsc but her dad convinced us that grl is good in studies & becoz of their financial issue he can’t provide her better education but she will proceed studying after marriage too. We were not looking for a grl for job so we got ready we were told grl has complete English frm BA. We got ready for marriage with a thought of continue her education aftr marriage but now we came to know that she knows nothing for eg who was Jawahar lal Nehru or Rani Lakshmi Bai or even capital of India etc etc. When we questioned her dad he admitted that his daughter knows nothing & might have given the exams by cheating. We want an advice if we can seek for divorce or put a case against family or fraud?

Advocate Varun Mittal answered
in my opinion you cannot file a divorce case on this ground because before marriage you had you had every chance to cross examine everything but you did not make any effort before marriage now there is no ground of divorce

Q: Can jointly owned under construction property be Partitioned

I jointly own my house with a  friend and my mother. I need to get it constructed 3 story. Before the construction is completed, can i get the partition deed done so that all the three of us get separated titles of individual floor registered in our individual names. Pls suggest/guide!

Advocate Varun Mittal answered
yes you can file a suit before civil judge for a decree of partition if other party denied for partition but if all of three are agree to do partition with mutual meets and bound you can file and injunction suit before the court of civil judge

Q: Is it worthy to file divorce on cruelty or give money & leave.

I was married as per HMA where we didn't demanded anything & also was ready to get her operated with her eye surgery from our own pocket costing 1.5lacs. She had a relationship with a guy with govt job where bf's mother demanded for 15-20lacs.. After 3 months she left the house demanding for divorce otherwise will file 498a& DV case against me & family.. So she can live freely without any restrictions.. After 1 months she tried to back in the house... I denied to except her... & ask to proceed for mutual divorce.. Its 1 year now.. Now she is asking to except me else give her huge money as alimony to get divorceI have proper evidence of her call details & call recording of mental cruelty on me demanding divorce, also mentioned that if she got pregnant she will left the child with me & leave.. & her injury marks (before marriage) which used threaten me tht she will commit suicide. Due to which i purchased term policy after marriage securing mom & younger siblings financially

Advocate Varun Mittal answered
I don't know if you are a Hindu or Muslim by religion but if you are a Hindu you have to file a divorce petition weather it is contested or by mutual consent. if you don't file divorce case, this will go against you and you cannot remarry with any person

Q: How to proceed after the cheque issued by my customer bounced today.

Cheque bounce issue. Cheque received from director of Private Limited company against GST invoice. Eway bill generated and receiving also taken from customer. Today i received message from bank that the cheque is bounce due to insufficient funds.I have informed the customer about this and he said there might be some problem and he will transfer online. He didnt do it. Now he is ignoring my messages on whatsapp.What should i do?

Advocate Varun Mittal answered
you have to send him a notice within 30 days giving him 15 days time to give your money back. and if he fails to comply with your notice you have to file a complain under section 138 negotiable instrument act before concerned magistrate.