Advocate Vishal Kumar Rai

Questions Answered by Advocate Vishal Kumar Rai (25+ answers)

Q: Regarding transfer of case from different state to home state.

Hello Sir/Mam,I have been stuck in one legal case, in a different state. How can I know if my case can be transferred to my hometown in Jharkhand. My case is in WB.

Advocate Vishal Kumar Rai answered
if you are a woman then file a transfer petition before supreme court of india. otherwise also you can move before supreme court if you can prove any medical condition or any other disability. in cases of transfer petition by women supreme court transfer cases very easily.

Q: I got job from Compassionate Appointments because my father got expire

so we are 5 brother and mother is alive, I got govt job, im ready to give maintenance to my mother but my mother is saying to me that I have to give money to 4 brothers from my salary and also they want money of my gratuity, all tough they are not nominee, but my mother is being manipulated and saying I'll go court and will terminate your job if you don't give money to your 4 brother so please tell me what to do

Advocate Vishal Kumar Rai answered
you have only responsibility towards your mother, if the other brothers are major, so don't worry even if case is filed, keep records of payment made towards the maintenance of mother and minor brothers if any.

Q: Divorse and child custody of baby and separation from wife due to her

My wife gives a lot of mental tension and influenced by her mother , father and sister. They are influencing and affecting our relationship. how do i proceed as i have one t=year old child and want child custody

Advocate Vishal Kumar Rai answered
getting custody of a child below 7 years is a tough task. in cases of child custody best interest of child is considered by court. if you can make out a case that child is living in a bad condition and mother and her family are not at all able to look after the child, there is a chance. however, if you want to live separately you need to file for divorce and if possible file with mutual consent.

Q: IPC - 341, 379, 323, 406, 420, 467, 468, 307, 504,34 in property case

I have a property which was transferred by to my name by a court decree in 1990s and was given possesion, now when I go to claim the property the previous owner has filed these charges on me, a case has been registered with IPC Sections - 341,379,323,406,420,467,468,307,504,34. The case did not have cognizance and was initially showing case status as "Enquiry Witness" now the status has changed to "Hearing". Please tell me what this change means in legal sense and assist me with my next step.

Advocate Vishal Kumar Rai answered
if you have a decree in your favour rest assured that your property is safe. however, the criminal case is about to be completed, you must have proper vigil on the case. after examination of witness final hearing has started.

Q: Husband and his family abuses me and wants divorce

We r married for 2 yrs and don’t live together we have a 6mnt baby. His mother doesn’t want him to leave them and when I stay with them she instigate and we fightSince 2 yrs she is telling him that my parents don’t respect them n they abuse my family in front of meHe is spending all his money on them n taken loan for his brother 3 flatsWe don’t have physical intimacy and he clearly tells me he doesn’t find me attractive so he is doesn’t wants to get physical. What shld I do?

Advocate Vishal Kumar Rai answered
if you still want to live with him reconcile or else you have the option of filing a case for divorce and maintenance. In case the family is torturing you and your child you can also file a criminal case u/s 498A.