Advocate Aman Sharma

Questions Answered by Advocate Aman Sharma

Q: 354ipc ..quashing process accused threatening me want to transfer cas

Can i transfer case to my matrimonial state as accused are threatening me if i join conviction they will kill me

Advocate Aman Sharma answered
appoint a lawyer and appear through him or her. for giving evidence befor the court you have to come and your lawyer will ensure your safety. besides this just write a complaint and give the same to the court regarding the accused threatening you and his bail will also get cancelled. he will go behind the bars. The case can be transferred, but only the supreme court and this ground is not sufficient for transfer as there are other means to ensure your safety and security.

Q: Insurance Claim not settled by the Company

My Name is Sayeed Eqbal Rahbar.My car was stolen from front of my home.I Simply Lodge missing report to the police station and Inform to the Insurance company.Insurance company assigned the officer to inquiry and collect the paper of vehicle and police report.But police takes more than two years time to make final report .After getting final report when I call to insurance company they denied to settle my claim .They told me that after two years I am not able to claim my policy.

Advocate Aman Sharma answered
The only solution with you is knocking the door of Insurance Ombudsman and the consumer forum. You are being punished for no fault of yours and hence, you would get a handsome amount in your claim. Appoint a lawyer, get a legal notice issued and start proceedings before a consumer forum

Q: Can woman give adoption without biological father or living relations?

A woman got divorce with her husband. After getting divorce she got living relationship with another man and she got a kid, he left her long back she does not know where he is, now can she give adoption her child without father's permission. (the child birth was given by living relationship man)

Advocate Aman Sharma answered
Yes, she can very give her child in adoption without the permission and even knowledge of the biological father of the child. Had he been a spouse of that lady, then the problem would have arisen, but here is not the same. She must remember to appoint a lawyer to an adoption deed mentioning the entire story and name of the biological father so that tomorrow no issues as to the claim of the child arises so as to trouble the adopting parents. Have a good day:)

Q: 17 age ki ladki ke sath bhag gya tha mere uper case ho gaya hai .

Mai or mere sath 1 ladki jiski age 17 thi or meri age uss time 18+ thi mai ladki ke kehne par hi usko bhga kr le gya tha . Lekin ladki ke gharwalo ne case kar diya missing ka pr mujpr 363 lag gaya . Ladki ne apna bayan de dia hai ki mai ladke ke sath apne marji se gyi thi matlab ladki mere side me bayan de chuki hai lekin uski age 17 thi to police ne kha ki iska bayan dubara liya jayega 18 hone k bad to ab hum dono 18 + hain mai 19 ka hu . Lekin kaafi sare logo ka kehna hai ki minor ladki ka bayan nahi mana jata unke gharwalo ka bayan mana jata hai . Issi baat ka mujhe dar hai kiuki agar ghar walo ka bayan mante to police ghar walo ki bayan leti lekin esa nahi hua police ne ladki ka bayan rec kr liya hai 164crpc ka or bola hai ki 18 ke bad 1 bar dubara batan hoga. nTo ab aap mujhe iss case se bchne ka koi acha solution batayen . nLadki mere side hai or ab hum live in me bhi rehna chahte hain .

Advocate Aman Sharma answered
It's good that girl stands on her point aur wo aapke saath hai. Dekho ladki 18 se kam thi, isliye offence to banta hai, par esa nahi hai ki wo 18 se kam thi to uske bayan nahi manane jayenge. baayaan uske hi maane jayenge, aur kisi ke nahi. Maine pehle aapke jese baccho ko in cases se bahar nikala hai. Crime to aapne kiya hai but us ladki ke bayan ko use karke aapko nikala jaa sakta hai, wo bhi bilkul safe. to chinta mat karo, ek accha lawyer karo, aur saari chinta apni uske de do. Wo aapko is case apne aap bahar nikaal lega, agar ladki apne bayano par adi rahi to.

Q: fir no.0850 dated22.10.2022 under section 323/341

My wife slapped a child during playing with our children because she was disturbing our children. The fir has been lodge in seemapuri police station ,delhi under section 323/341.Please guide us for further proceeding and seriousness of case.

Advocate Aman Sharma answered
I understand your concern. The gravity of the offence is not that much and we are able to get it compounded/settled before it reaches to further conclusions. you wife has to take a formal bail from the court and then join the proceedings in court. she will be called on every date of hearing, and it's better to nib the bud in its initial stage and hence, you need not worry. I can take care of it better.