Advocate Vivek Nasa

Questions Answered by Advocate Vivek Nasa

Q: How to prove false allegation under pocso act ?

Hi, my brother was arrested today under a false POCSO case. The police did not provide exact details and refused to give us a copy of the FIR or disclose the exact allegations. First, we need to secure his bail and then prove his innocence. The information we have so far is: My brother is a store manager at a Nike store in Gurgaon. A customer visited the store on May 19, 2017, along with their 6-7-year-old daughter. The father asked my brother to look after the child while he shopped. At one point, the girl kicked a football towards the trial room area, and my brother went to pick it up. The girl followed him to that area, which was out of CCTV range for barely a second. Five days later, on May 25, 2017, the parents filed a POCSO Act case against my brother, alleging that he exposed his private parts to the child during that one second. The police are not providing us with the FIR copy.

Advocate Vivek Nasa answered
In POCSO cases, the Child Welfare Committee (CWC) plays a role before an FIR is registered. They usually assess the child's statement before allowing the case to proceed. If the allegations are fabricated, there may be inconsistencies in the child's statement. The police may have charged your brother under Section 8 or Section 10 of the POCSO Act. If the police refuse to provide an FIR copy, approach a lawyer who can obtain it from the court, as all FIRs are sent to the Magistrate.

Q: How to remove name from fir, can police remove name from fir?

Can the complainant remove one name from the FIR filed against three people in a property dispute? The dispute has been resolved, and registry of the property has been completed. The complainant wishes to keep two names in the FIR due to mental agony faced. What is the procedure for removing just one name from the FIR?

Advocate Vivek Nasa answered
Since property dispute has been resolved, accused may approach concerned High court, for quashing FIR against them under 482 CrPC.In case as complainant you want to get one name deleted that is not permissible as per law, as every criminal case is state case, with complainant being informant only, while the criminal offence is against the state. At best as complainant you may turn hostile during evidence, though it may have its own repercussions.In case you may have more questions you may contact me.

Q: What action can I take if my husband married another woman while still married to me? What should I

As a 63-year-old who has been tormented by my husband for 32 years, what proof do I need to book him for adultery if my husband married another woman while still married to me? What actions can I take since my husband got married without divorcing me, and will the law help me seek punishment for him?

Advocate Vivek Nasa answered
In case husband marries someone else, during lifetime of his wife, without divorce, it amounts to bigamy,which is a criminal offence, and you can file complaint against him for bigamy. You can't file complaint against him for adultery. For specific advice on ur case you may contact with specific details of your case.

Q: How can one seek relief under Section 9 of the Hindu Marriage Act?

I left my husband's home approximately one and a half years ago after he and my in-laws assaulted me in front of neighbors. My son and I have been living with my mother since then. Two months ago, my husband filed a case against me under Section 9 of the Hindu Marriage Act. There are ongoing cases under the Domestic Violence Act where he and his family have been found guilty, and they also face FIRs. Please advise, as there doesn't seem to be any basis for the Section 9 filing.

Advocate Vivek Nasa answered
Under section 9 HMA even if any order is passed against you, court can not force you to stay with him. You must present your case by saying that he compelled you to leave house. If court orders that you stay with your husband, and still you don't, then it may be a ground for divorce, but still court can not force you to stay with husband. You must move application under section 24 HMA and seek maintenance, under his section 9 petition and you will see him at Bankfoot. For more specific advice you may contact me.

Q: what is the time limit for filing 498a case against husband ?

1. My cousin living separately from her husband since last one month due to dowry & physical harassment. Her husband cobtibusalt continuously demands a divorce. 2. Whether she can get money expended by her parents in marriage. (Strudhan??) By mutual consent divorce. 3. In how many days she can file 498a etc. how to file 498a against husband 4. If she & her husband starts living separately from her in-laws: A. Her in-laws will start demanding dowry again. B. As per A also start demanding money for her husband younger brother & sister's marriage.. 3. Safety & security from dowry physical harassment from husband & in law. 4.what cases can wife file against husband in this situation?

Advocate Vivek Nasa answered
You have raised many questions in this query, while certain questions seem to be contradictory, I will try to answer most of your queries.1. Wife has full right over her Stridhan, and even if couple seeks divorce by mutual consent, she can demand Stridhan and seek maintenance and alimony as condition for Mutual Consent Divorce. Stridhan is different from Dowry items, & wife can demand all items to be returned, whichever her parents gave at time of marriage.2. In the event wife wants to file compliant under 498A, she needs to approach Woman Cell, or nearest police station, and FIR is registered only after preliminary investigation conducted by authorities, and woman cell shall try reconciliation between husband and wife, and if husband is adamant, FIR may be registered.3. IN the event IN laws continue demanding dowry, Woman has option to file complaints before Woman cell in addition to file compliant under domestic violence act against husband & in laws. For filing compliant under domestic violence act approach some lawyer, or meet protection officer of your city. You may get details of protection officer on internet.4. Under Domestic violence Act woman can pray the court to restrain husband from doing physical violence to Wife, and direct protection officer to ensure the same.More more queries, you may contact me with specific details of your case