Advocate Divesh Sharma

Questions Answered by Advocate Divesh Sharma (100+ answers)

Q: What is fir time limit in case of accident ?

Please inform what is the time limit for filing fir in india with police, if any, after the incident date.

Advocate Divesh Sharma answered
Dear Sir, this is in reference to your query. I would like to inform you that there are different prescribed limitation periods for different crimes, but it is always best to get the FIR registered as soon as possible. Otherwise, questions of ill intention and delay arise, which may benefit the accused due to doubt. Moreover, the police may not register your FIR easily, and you may have to seek the intervention of the Court under Section 156(3) of the Cr.P.C (now Section 175(3) of BNSS).

Q: Legal action against employer for not giving relieving letter

Dear Sir, I worked for a company as a Software trainee in Jaipur two years back(Jan 2015 - Nov 2015) for 11 months, and due to some salary issue I resigned the company without surviving notice period. After leaving that company i joined one other org(Nov 15 - current) in Jaipur only. Now again I am looking for a change and selected for one reputed software company for Mumbai location. I am on notice period with my current employer and joining next company in few days. So at the time of my potential new employer's BGV they are asking for relieving letter from my ex employer, without relieving letter they wont onboard me. So I contacted to my ex employer's HR and asked her for the same but she is denying me to give relieving letter. Even I am ready to pay for my notice period amount salary but still she is not supporting me in any way. She has just marked me as absconded from the services due to not completing exit process. what to do if company is not giving relieving letter, Please suggest me how can I get my relieving letter after 2 year

Advocate Divesh Sharma answered
Dear Reader, I would opine you to approach a lawyer in such urgency, show him the terms and conditions of the Agreement. serve a legal Notice and invoke the extra ordinary Jurisdiction of High court.

Q: Divorce with custody of my child

I am a mother of a 4 Years old child and married from last 12 years. I am working in PSU Bank. I want to take divorce from husband and want to have custody of child. Both of we living in same house. House is owned by me in my own name. But, both of we are living together just for the sake of child. No understanding, no compatibility between us. I think, he will not be ready to give divorce just to torment me. How can I take divorce.

Advocate Divesh Sharma answered
Madamyou need a personal guidance answers can not be written publicly, as your child is concern till 4 years mother is natural guardian of the the child and for a girl mother is given preference to be given the Custody here you have sufficient answers in your question that you can raise your child with best of the nurturing, kindly contact a divorce lawyer personally

Q: ipc 307, 511, 504, 342, 323 FIR against my boyfriend.

I was manually choked by my boyfriend and I filed IPC 307 FIR against him few days back. bruises on my neck, face and hand., Now I dont want to go ahead with the case and i dont want to face trial. since FIR cannot be withdrawn i want to know what is the process of settlement, how long will it take to get a settlement thru court and close the case. Also is it necessary for me to go to hearing. I dont want to punish him i just want to compromise. please help.

Advocate Divesh Sharma answered
dear reader when you have accepted in your mind that you don't want to pursue your case and this much was punishment according to you to him , you can file 482 criminal miscellaneous petitions before The Honorable High Court for quashing the FIR.

Q: Regarding stay order against order of high court jodhpur raj and slp

Respected Team Member My application dismissed by the hon'ble high court of Jodhpur Rajasthan, now I want to stay order against this order because one file already running in rent tribunal for execution eviction and date is coming soon for eviction, I have sufficient time so please guide me what to do, I am very confusing about this.

Advocate Divesh Sharma answered
dear reader To challenge any order dismiss by the High Court you will have to establish sufficient legal points in your favour Honorable Supreme Court if you are expecting stay order in the proceedings.