Advocate Amit Sharma

Questions Answered by Advocate Amit Sharma

Q: In divorce case what happened if I will not appear

My wife file a divorce case I am not going if exparty happened only she will get divorce or any money also

Advocate Amit Sharma answered
you need to provide more details. usually such cases are filed along with other cases like maintenance, interim maintenance and restoration of conjugal rights. if you will not appear and submit your defence it will impact you negative. you should appear and contest as courts give equal opportunity to all to represent. once lapses you may not have this opportunity

Q: Motor accident passenger in taxi

Me my office colleague is in office cab .one car hit crossing pedestrian Highway . and that man come under our cab .then we help that man .that car hit that person take to hospital. And after that we came to office with same cab ...but now police calling us and take our statement and our driver and that car driver charge with 106 and 281 bns ...so cab passenger also charge??

Advocate Amit Sharma answered
Helloypu should not be worried about this. it is just a routine process police will record statement. from the limited brief you have provided there is no reason for you to worry. check with your service provider if it's insured the insurance company will own the liability.hope this answers your question

Q: How court calculate compensation

How the compensation getting calculated as per court.

Advocate Amit Sharma answered
hello there are few leading cases where the calculation is suggested on the basis of type of injury like simple, grievous and fatal. the various factors like age, number of dependent, income status losses of opportunities are being considered and then the payable amount is calculated.

Q: can i not give maintainence to my wife and child

i am separated from my wife from past few years, we have 2 kids together, she is seeking maintainence from me,i have not given a penny yet , recently i got to know she is with someone and physically intimate too. can i easily get divorce on this basis and also avoid giving any kind of maintainence to her as well as kids.

Advocate Amit Sharma answered
Hello yes it's a case of adultery and you can approach court to get a divorce also as per section 13.1 ii in case sepration is more than 2 years without any justification and reason you can file for divorce. the other ground is in case she is earning and have some means to earn money, citing those reason you can deny for maintenance.hope this will answer your question

Q: Company not providing relieving certificate

I joined a pvt Ltd company 3 month contractual project on 11/3/2019 and on the same day my mother hospitalized due to life threatening diseases. I immediate verbally talk with incharge they say go and send a email to regional office. On 25/03/2019 I sent a resignation mail along with medial certificate but till date company not revert on resignation mail. Also they have open a PF account and the pf account still not closed. Now they are not providing relieving nor marking exit in pf portal

Advocate Amit Sharma answered
you should aim to settle the issue amicably as your tenure is hardly few days. speak to senior people and keep sending them humble and diplomatic emails. usually exits and PF updation takes time so wait for a while . keep legal action as last resort where legal notice will be first step. hope this answers your question