Advocate Himanshu Sharma

Questions Answered by Advocate Himanshu Sharma (50+ answers)

Q: Fraud by a girl in the context of the marriage.

A girl in the context of marriage asked me for financial support as loan(Have all transaction detail as done online). Where as she was sending the money to her boyfriend. She had committed to marry me (She had talked to my parents on call regarding it) also having her chats till now. Now she is distancing from me and and I found out she lied to me about this. I want to know what legal action should i take and how to proceed with it.

Advocate Himanshu Sharma answered
if a girl has extort money from you under the pretext of getting married in future you can file a criminal complaint against her in cheating and criminal breach of trust alongwith other relevant laws and acts. you can also send her notice to get back your money from her.

Q: False Complaint of Sexual Harrasment

One of the employee in my office has given a wrong complaint against me under sexual harassment. The committee has suspended me temporary from services and taken my laptop abruptly. First session has been done with the committee and it seems there asking question on some pre conceived notion. I am getting mentally harassed and its been two weeks they are not updating me anything. Please guide what to do or what action I can take in this case.

Advocate Himanshu Sharma answered
just ask them the copy of the complaint. if it leads to termination you can file a complaint against them and if all the allegation are wrong against you you can also file a criminal complaint against the person who filed a false complaint against you.

Q: Illegally termination at age of 56

I am Meenu at age of 56 my school has illegally terminated me on basis of false allegations. I have given 17 years of consist service at this school. I am also a permanent employee. They have been consistently harassing and targeting me from past one year. I want help with my case.

Advocate Himanshu Sharma answered
if your employment is terminated on baseless allegation then you can file your case in the labor court and also ask for the gratuity and the remaining outstanding amount. you can also give them legal notice for the harassment damages.

Q: Quashing of false FIR registered under section 376,506,120-b of IPC

False fir under section 376,506,120b of IPC and 67 of IT was lodged against me, my wife and my son in Dec., 2017, citing an happening in 2013 (which never occurred). Me and my wife were quitted by special session court Fatehgarh Sahib in Dec., 2022. Challan against my son was not put up to the court as he has been in Australia since 2012. LOC had been issued against my son. Please suggest me a very intelligent Advocate for quashing FIR against my son, who is an Australian citizen.

Advocate Himanshu Sharma answered
first of all tell me where the fir has been registered. after that provide me the session order so that we can see the findings on which your son got acquittal. then only we can suggest you what steps need to be taken for quashing an FIR in the present case.

Q: Modify or change order under domestic violence

I am a petitioner where I filed case for dv and interim maintenance. The judge passed maintenance order where she mentioned rent of rs 2500 per month against rent receipts. Now the issue is that in petitioner itself I had mentioned I am living with my parents and dependent on them.. so can I submit application under section 25(2) dv act in the same court requesting judge to remove this condition as under dv act wife has right to residence even if residing with her parents. Please suggest,

Advocate Himanshu Sharma answered
if you are not living with your parents or want a separate residents the court can provide you that but you need to satisfy the court that you don't have any residence to live. court can ask your husband to provide you a residence or you can resided on your maternal home. you can take maintenance for your personal expenses too from your husband.