Advocate Vinod Kumar

Questions Answered by Advocate Vinod Kumar

Q: Timeline to report sexual harassment sexual assault attempt to rape

Timeline to report sexual harassment sexual assault attempt to rape a minor of 4yrs from an opposite gender minor

Advocate Vinod Kumar answered
any criminal case need to be before 1year and need to justifiable reason for each day delay, as you are telling rape immediately need to file complaint so that medical examiners will give report based on that your case withstands so I suggest you file complaint ASAP

Q: When the husband refuses for divorce

My aunt is being tortured by her husband and her children ( all grown up). My aunt has signed the property to her brother's name so that her husband wont ask for it...and this was done secretly. But her husband got to know it and is torturing, abusing her a lot and forcing her to give back that property. She wants divorce but nobody is ready to stand with her, her husband is also not ready to sign the divorce. I am a 15 year old girl, i think i have no right to do anything . But me knowing everything , i dont want to sit silent. I want to help her.

Advocate Vinod Kumar answered
I really appreciate for your thinking, divorce is not always the solution for her problems.Tell your aunt to file a complaint against her husband for abusing and treating her in cruelty before WOMEN POLICE STATION.If your aunt really is not in the state of mind to continue her martial life then seek for divorce. under cruelty ground.

Q: dessertion case - contest filed by hus

hello my daughter hindu not working received a notice from her hus on dessertion. he left her with 1 year son at parental home to take care n after few months stopped all contacts n sent notice. now he s telling dessertion is fastest way of getting divorce just want to throw some maintenance nothing else n will do second marriage after an year or so.how to deal with this. ?! we dont want to give divorce. wat court will do.

Advocate Vinod Kumar answered
sir,it is not easy as by telling, engage an advocate and defende the case.dessertion doesn't mean staying away from other spous for 2 years there should be wilfull abandonment of martial tie, living separately doesn't attract desertion.you can also file restitution of conjugal right and other option to secure your daughter's martial life.for better sound of advice check with your counsel along with petition copy sent by son in law

Q: Does victim need a lawyer or public prosecutor is enough

I want to know if victim of a section 509 offense or section 375 offense need to hire a lawyer apart from filing a case in police station or is public prosecutor appointed by court is enough ? What if the victim is poor ? Is hiring a lawyer for the victim mandatory ?

Advocate Vinod Kumar answered
She can engage private advocate by filing u/s 301(2) CrPC application, an advocate can assist her case.There are so many advocates are there to support to economically backward class ,hence search near by advocates and moreover there is no mandatory for victim to hire private counsel's, state would take care of it.

Q: IPC 353 and 504 188 after getting anticipatory bail it's been 3 months

We were partying during weekend lockdown police came and questioned us regarding we spoke too much with them like it's our private property and all so the arrested us and released us under 41A section we got anticipatory bail what is the next procedure to get normal bail as I am planning to travel abroad

Advocate Vinod Kumar answered
you would get notice from jurisdictional court and you may have to get regular bail at that time and kindly check clauses/restrictions if any in the Anticipatory bail order w.r.t travelGenerally while passing anticipatory bail the Honble Court impose restrictions on travel to secure from damage/tampering of witness or evidence. Hence fo through the Order of the court