Advocate Gaurav Sharma

Questions Answered by Advocate Gaurav Sharma

Q: Can a case under IPC 308 affect my eligibility in government job

I am a student 21 year old I had a case under IPC 308 and 2 more in 2017 and also went to jail for 3 days . The case is now quashed by mutual settlement . Is now I am eligible to apply for government jobs.

Advocate Gaurav Sharma answered
HiYes, even if the case under Section 308 IPC was not quashed you were eligible to apply in government jobs (depending upon the notification as well). Usually there is a column in the forms which asks if the applicant has ever been arrested or involved in any case whatsoever, so one can fill in the details regarding the same in it and apply.Having said this, yes you can apply in government jobs.

Q: Can alimony be claimed in mutual divorce

Is it possible that my wife can claim alumni during or after our mutual divorce.

Advocate Gaurav Sharma answered
HiAlimony in the cases of mutual divorce is totally dependant on the MOU that is prepared between the parties when the settlement is arrived at. in most cases of divorce by mutual consent an MOU is prepared and a consolidated amount is usually agreed upon by the parties, which includes the permanent alimony, maintenance, past present and future.now there are some cases, where in the divorce by mutual consent, alimony is not decided then in those cases one has to see what are the terms and conditions as enumerated in the MOUAFTER DIVORCEAlimony if it does not find a specific mention in the MOU, then "YES" it can be claimedif it finds mention in the MOU then "NO"During the mutual consent divorce proceedingsAlimony can only be claimed after the divorce has been granted...during the pendency of divorce proceedings maintenance pendente lite U/s 125 Cr.P.C. can be claimedFurthermore, it depends on case to caseHope this Helps

Q: What Is Ipc Section 302 And Ipc Section 307

What is IPC section 302 and IPC section 307

Advocate Gaurav Sharma answered
Section 302 IPC is charged when a persron is accused of murdering someoneSection 307 IPC is charged when a person is accused of attempt to murderthese are the punishment sections, both the offences are non-compoundable (i.e. they cannot be compunded or compromised in simple terms)cognizable - i.e. the Police does not need the permission of the Court to arrest a person accused for an offence U/s 302 IPC or 307 IPC and non-bailable i.e. Bail cannot be claimed as a matter of right in these offences, it is the discretion of the court based on facts and circumstances of each case whether the case for bail is made out or not

Q: Want to marry my first cousin in US

Can i marry with my first cousin in us we r shifting there next year

Advocate Gaurav Sharma answered
If you are a Hindu by religion then you cannot marry your cousinIf you are a Muslim by religion then you canregardless of the fact whether you stay in India or outside IndiaHindu Marriage Act applies to all Hindus, Jain, Budhists except christians and muslims, and as per Hindu marriage Act, 1955 such kind of marriage is void ab-initio, i.e. it has no sanctity in the eyes of law

Q: Complaint against a boy for assaulting in middle of the road

I was riding my bike and an old guy in the middle of the road took a u-turn in the middle of the road. And trying to save the guy. I crashed and got injured. My both legs got injured. My phone got broke. Bike got damaged. And laptop which was inside my bag got damaged. And when I asked the guy what he did. He wasn't speaking anything. And when I grabbed his collar, he started spitting ghutka at me. And people around came and started assaulting me. Police came and took us to the police station and meanwhile his family came. And they called their lawyer. What to do now?

Advocate Gaurav Sharma answered
You shouldve called at number 100 and shouldve got a case registered against him, anyway if you've not done that it is fine. Now the question is what happened in the Police Station? did you get your MLC (medical) done ? and what is the status now ?.there are a lot many queries that come to my mind before i can give you a proper answer to your question, however, based on your question this is the minimum procedure that wouldve been followed.