Advocate Mohammad Sharef

Questions Answered by Advocate Mohammad Sharef (25+ answers)

Q: can 498a be quashed when accused and complainant are staying in same h

can 498a be quashed when accused and complainant are staying in same house in other part of house....

Advocate Mohammad Sharef answered
Yes why not if they're are residing in the same house on the basis of compromise so as I said earlier on the basis of if the husband and the wife they are residing in the same household then the matter can be settered by firing the affidavit in apply in

Q: Offence under section 353,504 (Abused Traffic Police )

Its very unfortunate that one of my female friend got arrested on 22.11.22, missed to take anticipatory bail as not aware of that matter will go in court.We apologised to concern officer but they file FIR against my friend .I appointed lawyer for bail in lower court but got rejected, again file for bail in session court and very next day got date for hearing but honourable judge was busy in other matter so given date for 29.11.22 due to weekends.I am very disappointed and sad as for female has no criminal history ,unmarried and have a great career ahead.On duty traffic police also misbehaved so she got offended and abused him.This is very common thing amongst traffic police and riders .my friends made mistake but she had not committed any heinous crime so she suffered such like that. my friend will be in judicial custody till 29.11.22.I would be obliged if you kindly guide me in this case.What should i do if she can't get bail on 29.11.22.Please help me and guide me nThanking You

Advocate Mohammad Sharef answered
Face the trial and what, take good crosd examination of the complainant and the witness it must come on record that public servant is deterred from his duty, thid is the necessary ingredients ofvthe cross

Q: Fraud travel company lured me in package they cannot comply with

How to approach this problem. I paid up more than 2 lakhs. I just need my refund?

Advocate Mohammad Sharef answered
you can file one case of cheating 420 of Indian penal code against him as well as for recovery of the amount you can also file Hi consumer court 10 there are two ways available for you to file civil case as well as complaint case you can also approach to the concerned police station along with the documents and receipt of the payment

Q: khula and muslim law and wieey about divorce decree and marriage certi

My wife want khula from me and I m ready nWe both live out of India nnNow she also said this khula is enough for separation , and I can refister second marriage without any divorce only khulanama is more than enough documetsnnCan u guide is it right or wrong

Advocate Mohammad Sharef answered
Khulanama from wife is legal one, khula means divorce from wife, u can register the second marriage without obtaining divorce first, after signing the khulanama u have to sign manzoor ae khulanama documents then only it will result in completing divorce procedure

Q: I m suffering with my impotent husband.. haras mentally physically nd

I got married 2016, Since six years we had intercourse for 2times, everytime he says job tension..i believed nd waited...I lost patience..i begged for treatment if any issues ll sort out ..o response ..he said libido..i waited .bt nw when I came to know it is abnormal...boz we sleep seperately from day one of my marriage..he need big bed .when I evaluated all the years .I feel injustice happening to me... I don't hv kids ..i begged for iui treatment he refused..only he is using me for house hold chores.when started saying abt his problem..he started physical abuse.can i file case under impotency. It's been six years i believed him..do I get justice plz giv suggestions..i m still with hubby

Advocate Mohammad Sharef answered
On the ground impotency of husband you can fille case before the family court, impotency is good ground for obtaning divorce, if there is no relationship between both of u, then what is purpose of marriage