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Queries Participated

johan   28 March 2017 at 17:55

B-report in molestation case

2 men had entered my house and assaulted ny housemaid. She filed a molestation case against them u/s 354, 506 IPC. After 3 months of registration of FIR the police have not recorded 164 CrPC statement of the victim nor have they recorded the eye witness statements. They have filed a B-report saying that the accused were in a different city based on their statements. Are the police actions legally sound?Can we file an FIR against Police for mishandling the case and favoring the accused?

johan   05 June 2016 at 13:14

Appeal period in christian divorce

Me and my spouse were married under the Christian Marriage Act.My decree of divorce was passed by the Family Court in Mangalore under the Indian Divorce Act.What is the period of limitation to file the Appeal in the High Court?

johan   21 May 2016 at 18:31

Panchnama of crime scene

I have filed 406 IPC on my wife. In my complaint I had said that i had given my wife jewellery that belonged to me inside my house to keep in her bank locker. That same day we went together to the bank locker to deposit the ornaments which is the last place i saw them. Police have done Panchnama of my house as scene of Crime. But they have not done Panchnama of her bank locker. Are they supposed to do panchnama of the bank locker also for search and siezure as I saw the gold ornaments there last?

johan   19 May 2016 at 01:11

406 ipc on wife

During the marriage I had recieved gold ornaments as gifts from my mother as per Mangalorean Catholic tradition. Next day I had given my wife these ornaments to keep in her bank locker as per her suggestion. My parents and housemaid are witness to this giving gold to my wife.after my wife filed for divorce I sent her a mail asking for the ornaments back.but she replied saying she doesn't have them.After that I have filed an fir against wife u/s 406. I have given bills of the gold jewellery and witness statements to police.But police is saying we have not recovered the gold from her house hence we will close the fir.I am sure they are hiding the gold somewhere else.Is the police view to close FIR right as per law ? Is my FIR maintainable in Court of law on merit of specific allegations eyewitness statements and bills?

johan   25 April 2016 at 20:59

Charge absent from final chargesheet

A lady had accused me of grabbing her breast and using bad words against her.An FIR was registered U/S 354, 504, 506 IPC. In the Chargesheet based on witness accounts the police have only charged me U/S 504. The witness statement states "She abused him in bad words, he got angry and retaliated by giving bad words. He did not touch her or come near her".Can i now file an application to the court for prosecuting the woman U/S 211 as she made a false charge of me inappropriately touching her i.e. 354 to put me in jail. She has done this to take revenge against me as earlier I have filed an FIR against her for child abuse.

johan   14 February 2016 at 12:27

Car on wife's name

My friend had purchased a car on his wife's name in order to avail loan facility. The loan is in joint names. But my friend has paid all the EMI till date. After filing for divorce his wife sold his car without his consent. The wife has stated in court that she does not know driving and that till the divorce my friend was using the car. Futhermore they are christians and stridhan concept is not applicable to them. Can my friend claim the money his wife made by selling the car? Can he file 420 & 406 IPC FIR against the wife?

johan   19 September 2015 at 08:18

Lawyer misrepresented facts

Respected Lawyers, I had sent a draft of written objections to my lawyer by email in which I had agreed to sending a mail to my wife but claimed privelige under section 23 of indian evidence act.he verbally agreed to include all the points I had included in the draft.On the day of submitting documents in the court he tampered with the statements and denied sending mail to my wife and forced me sign it in the court itself. I want to change the written objection now.is it too late to claim privelige under section 23 in the revised written statement.

johan   02 August 2015 at 10:33

Uniform civil code for christians

Respected Counsel please advise on how the central governments application of Uniform civil code to Christians will affect Christian marriage laws in regards to property owned by both spouses, future inheritance, streedhana and whether wife is liable to pay maintenance to husband as per HMA 24 if the new amendment comes into effect.

johan   18 July 2015 at 11:48

Unclean hands by fraud

Respected Advocates, my wife and her father promised me both in written and verbal that if I apologized to them they would not give a divorce. but they applied and attached my written apology to their petition. Also after 3 days of filing for divorce my wife sends me a mail that she has accepted my apology and is willing to compromise. Isn't this deception and fraud by inducement? Also she has lied on several points in her petition like I was absconding from UAE whereas she knew I was still in the country. Isnt this fraud by factum? Can I claim in the court that the petitioner has approached the court with UNCLEAN HANDS by decieving and commiting fraud on the court?

johan   15 July 2015 at 08:44

Evidence attached to divorce petition

My wife has attached emails of conversation in between us to her divorce petition. in which I made an admission since she requested an apology. I have learnt that this admission cannot be taken as evidence under section 23 of the indian evidence act. Should I ask my wifes lawyer to amend the petition to delete the prejudiced evidence or should I register a complaint to the judge. Is it ethical to include prejudiced evidence in a petition?