Advocate Sapna Malik

Questions Answered by Advocate Sapna Malik

Q: Is a case under section 409 and 420 bailable

My Father was retired from govt job in 2005 now there was a case of currption on him from some third party from 2016. Now yesterday the court declared him as accused and setence a jail term for him under many section out of that there 409 and 420 pic. He is 73 years old can we ask for a bail for him. Please suggests

Advocate Sapna Malik answered
If you have sufficient evidence in your favor and charge sheet if filed You can apply for bail,and you can also go for quashing of FIR if you have sufficient grounds in your favor. although these are non bailable offences you hire a good defense counsel for yourself and bring the case in your favor so that you can get bail.

Q: Marriage took place in arya samaj mandir, wanted to take divorce now

I married in 2013 in arya samaj mandir in delhi .we havent lived a single day together .he convinced me somehow to gt married .. bt frm last two tears we are not in contact because he harassed me raped me repeatedly .. i asked him to cancel this marriage but he denied but i want divorce from him because he blackmails me because all the Documnts issued by mandir are with him only.. i want to knw how can i take a divorce from him ???

Advocate Sapna Malik answered
if he has cheated you then you can go for annulment of marriage and can get you marriage declared null and void. Another way is to go for mutual divorce if he agrees or you can contest divorce under Hindu marriage act.

Q: How can i take divorce and child custardy if husband is in abroad

As I m staying in laws house and I want my daughter custody and expenses.i m working women and I want divorce also what step I should do .my husband not care for me or my child this year I have seen many photos of other girl.i have completed 12 years of marriage.since 5 he stated giving money He is abroad ?

Advocate Sapna Malik answered
Hi, you can file the cruelty case against your husband IPC under section 498A OR 497 illegal relationship and domestic violance . your husband is liable to take the maintains of you and your daughter.

Q: Gave birth to baby girl in laws not taking me back how to proceed now

i birth a baby girl on 22 may 2017..after that i came to my house..my in laws did not came to take me from last 3 month..they dont want girl..my father called them many times and told them to come with their parents..but.no effect on them..what can i do?? my hubby's cousion brother is ASI in police..may be unhe ye hai ki hm unka kya bigad lenge...to plz help..mai kya kr skti hu..meri daughter 3 months se uper ho gyi hai ab..

Advocate Sapna Malik answered
you can file for Maintenance of the child and yourself and you can also file a domestic violence case . He cannot do the same . You can also file an FIR under IPC section 498 A. your husband is liable to maintain you and your daughter in whole life.

Q: Is the alimony amount taxable ?

Is the alimony amount taxable ?

Advocate Sapna Malik answered
The Income Tax Act classifies income into two categories - 'revenue receipts' and 'capital receipts'. Generally, revenue receipts are taxable income and are subject to certain deductions/exemptions, whereas capital receipts are non taxable.When a divorcee receives alimony from estranged spouse, it constitutes as a part of capital receipt. Considering, that you are receiving a lumpsum amount, it will fall under capital receipt, hence you will not have to pay any tax on it. This is because the amount received is not in exchange of any services offered towards any business, vocation or employment. Therefore, the amount that you would receive as alimony would tax free.However, note that if the alimony is received on a monthly basis, it will be treated as revenue receipt and hence it will be taxable. In such a case, the law interpreted here is that a one time lumpsum amount received will be treated as capital receipt and monthly amount (considered as income) as capital receipt.