Advocate Vivek Mapara

Questions Answered by Advocate Vivek Mapara

Q: Husband having an affair , who can file adultery case ?

My husband is having relationship with other girl and I have Profs so can I file adultery on him?, is adultery a crime in india ?

Advocate Vivek Mapara answered
No. you cannot file Criminal Complaint of Adultery. Adultery is an offence prescribed and punishable u/s 497 of the Indian Penal Code. Under the Law, only the Husband of the Women, with whom your Husband is having illicit relationship, can file such Adultery Compliant. You have no locus standi to file such Compliant. However, you can file Petition for Divorce on such ground, based on the proof that you may have.

Q: Am I liable if my ex committed suicide in the name of relationship ?

Hello, I had a boyfriend in past and due so his bad behavior towards me we broke up. After few months now, i don't know why but he is disturbing me again to go back to him. which I don't want. In past he has done a suicide act to make sure I say yes to his proposal and hence now I m worried what if my ex commited suicide and write a suicide note on my name? Right now I have blocked him from all means and I don't reply to anything he sends me.

Advocate Vivek Mapara answered
Even if a person commit suicide and writes somebodies name on the suicide note, that would not per se, constitute any offence, unless there is an instigation to commit suicide. However, if your past BF is constantly giving threat to you, then file a compliant before the women cell police station, and that would end all kind of trouble for you.Feel free to contact should you have any questions.

Q: Is proposing a girl crime in india ?

To propose any lady to marry is an offence u/s 509 ipc? is proposing a girl crime ?

Advocate Vivek Mapara answered
Mere proposing a Lady for marriage may not be an offence u/s 509, however, it is important to consider as to how that proposal was made. If that proposal was made with such actions, gesture or words, which amounts to outraging the modesty of the women, then it may still amount to an offence u/s 509. So to give you subjective opinion, the exact words / gesture/ actions are required to be considered to provide an opinion as to whether such an proposal could amount to an offence u/s 509 IPC or not.

Q: What is the punishment for accidentally killing someone in india ?

What is the punishment for accidentally killing someone in india? ,can you go to jail for accidentally killing someone in a car accident india ?

Advocate Vivek Mapara answered
Dear sirTo advise you appropriately full facts of the case are required. However, under the law, accidental death can be classified into THREE categories(i) Accident of such a nature which attracts Culpable Homicide Amounting to Murder PUNISHMENT : LIFE OR DEATH SENTENCE(2) Accident of such a nature which attracts Culpable Homicide not Amounting to MurderPUNISHMENT : LIFE SENTENCE OR UP TO 10 YEARS - DEPENDS ON FACTS (3) Death due to Negligence Not amount to Culpable Homicide PUNISHMENT : TWO YEARS Should you have any questions, then feel free to contactVivek N Mapara

Q: Father's properties dispute -can brother sale without my concent

my father passed away last year without any will, now my brother planing to sale properties without my consent , can you advice without my permission they can sale ,,, or still my mother alive ,, my brother can transfer proprieties on her name and can sale it ,, as i am not in country and settle out side

Advocate Vivek Mapara answered
SirUnder the Hindu law, if any person dies intestate (without will) then the estate of the deceased would be inherited by all its legal heirs jointly which includes (wife, son, daughter).So here, since your father expired intestate, his entire estate, would be inherited equally between you, your brother, and your mother. So the said property cannot be sold by your brother or be got transferred in his name. You have equal right in such property and you are a deemed co-owner (or in legal terms a tenant - in - common). So, now if you apprehend that your brother is going to embazel the property, then you have remedy to file a suit for partition and get your share separated from the estate and till the time such share is determined, you can seek injunction over the property, so any fraud transfers are not effected. I hope the above satisfied your query aptly. If you have any further quesetion, then do not hesitate to contact please.