Advocate Nitanshu Sharma

Questions Answered by Advocate Nitanshu Sharma

Q: I have been a victim of cyber crime and have lost a lot of money

I have lost all my savings and have come under debt. I was duped by a group of people claiming to be representatives of a foreign institutional company and asking for investments in the stock market. They told me to open account on their platform and when I transferred the money, they blocked me. Should I file FIR with cyber crime. Will they freeze the account from which I sent money to them.

Advocate Nitanshu Sharma answered
You should immediately go ahead with the police complaint and wait for the police to give final report . After your police complaint, concerned will inform you about the freezing of their account. For further assistance feel free to reach me

Q: Some one Working in government sector on manipulated date of birth

Person had manipulated date of birth in 10th certificate and based on these documents only he is working in central government. For example - his actual date of birth is 12th Feb'1990 but in 10th certificate itself he had mentioned 12th feb'1992. As a proof, I am having his birth documents from municipality as he was born in private hospital as well i am having the court case details in which his father had mentioned the actual DOB while filing divorce, what legal action could be taken?

Advocate Nitanshu Sharma answered
It is evident from the legal principles that the documents which are produced before the Civil Court can be proved to be forged by means of preponderance of probabilities, wherein such offences have to be proved with reference to the documents before the criminal court beyond Page 13 reasonable doubt.

Q: Manipulation of age and got goverment job

Someone had manipulated the actual age in documents, I am having his birth records as mentioned in municipality as well the documents which were presented by his father for divorce in court. What action could be taken in this context. Is FIR against father and son possible?

Advocate Nitanshu Sharma answered
It is evident from the legal principles that the documents which are produced before the Civil Court can be proved to be forged by means of preponderance of probabilities, wherein such offences have to be proved with reference to the documents before the criminal court beyond Page 13 reasonable doubt.

Q: Avoid proclamation Passed on Section- 323,324,34,506

HelloThere is an FIR with the above mentioned section in subject against which bail has been granted but after that person was not able to present in the court and 3 warrants has been issued and now being PO has been issued against the person.Although the FIR lodged is due to Matrimonial dispute in his family but being apart of family he is living outside India and PO has been issued against the person.How should that person come to India without being his passport confiscated and arrested

Advocate Nitanshu Sharma answered
He should apply for anticipatory bail under section 438 of Criminal Procedure Code in the concerned high court . If the high court grants the bail then he will be able to come to India without getting arrested . For further assistance, feel free to reach me.

Q: PLEASE HELP IF WIFE NOT LEAVE 2 YEAR WITH ME CAN COURT GIVE DIVORCE ON

PLEASE HELP IF WIFE NOT LEAVE 2 YEAR WITH ME CAN COURT GIVE DIVORCE ONE SIDE

Advocate Nitanshu Sharma answered
Contested divorce can be filed under few grounds such as adultery under section 13(1)(i) ,Cruelty under section 13(1)(i)(ia) ,desertion under section 13 (1) (i)(ib) and conversion under section 13(1)(I) of the Hindu Marriage Act, 1955.