Advocate Omar Shariff

Questions Answered by Advocate Omar Shariff

Q: My sister-in-law filed a false case under 498a and DP 3,4 against my elder brother, me and my mother

My sister-in-law filed a false case under 498a and DP 3,4 against my elder brother, me and my mother.\nBut now our brother and sister in law are together, and our sister in law has agreed to withdraw the case but tomorrow date 15 June 2023 is the first summon. The police are asking us to come together and can close the case but we don\'t have any bail, can we trust the police? I said that on 23rd I will come with my mother, Will they take us into custody? Please let us know if we can go.

Advocate Omar Shariff answered
A case under section 489a can be quashed by the high court under section 482 of crpc.Approach the high court and have the matter quashed.Bail proceedings have stages and if you appear you will have to file a bailApplication and the prosecutor has toFile Objections and and argument have to take place and then the court can release you on bail on furnishings surety.If you appear before the court you will have to go through the bail procedures.498a can not be compounded u/s 320 crpc.Only the high court can quash the case

Q: Regarding obtaining divorce under Hindu Law

This is Samyukta. I have question regarding obtaining divorce in a matrimonial dispute. Can a divorce be obtained within 15 days of marriage under Hindu Law? Should I wait for completion of one year?

Advocate Omar Shariff answered
The law is very clear that, divorce can be applied for on the completion of one year of the said marriageIn the even of an annulment of marriage on the grounds mentioned in the Hindu marriage act, the faster you apply the better it is. The period of one year does not apply

Q: Khula, remarriage for better life of my child who is 5+. i want help..

I was married for 10yrs and My wife took khula with the help of some local social organisation stating domestic violence, dowry harassment, they forced me not to go to shariah court for divorce and made me sign agreement for dissolution of marriage and claiming money of 12lakhs which i am not liable for. I have a son of 5+yrs and they took him away stating child has to remain with mother till 12yrs of age. now the social organisation is calling and harassing me for money and take away your child. i would want to remarry her as i feel she took khula by force from family or social organisation. How can I go about it.

Advocate Omar Shariff answered
We have read your depiction of events, if you are saying that the divorce happened due to coercion, we will need more evidence to support that claim.Why is the socialOrganization contacting you, did you promise any monetary Beni fits to them?DoContact us we can helpYou

Q: Extortion against wife's mother

I got married in 2017, wife left house in 2018 and said did not want to come back. Marriage has not been consummated. Mutual divorce settlement talks have been going on in which she agreed for certain amount but when decided to move ahead she asked for more money. I sent mutual divorce document with revised amount still she is asking for more and threatening to file false case of dowry and defamation and implicating names of all family members to go behind bars. Can you help with extortion?

Advocate Omar Shariff answered
We have seen the details provided by you, we will need more details as to the duration of stay and what transpired during the stay.Further you state that the marriage was not consummated. We will need the reason of it being so. We can help you

Q: Bride asking for divorce and money for settlement

I am sunni muslim married 1year ago .my wife is asking divorce from me for no reason as she loves another guy .ow she is asking divorce and money and ornaments which her parents spent on her marriage what should i do

Advocate Omar Shariff answered
What you have stated is not enough for us to give you anOpinion, please give us more details so that we can give you an opinion and also tell you what options you have. The fact that your spouse is admitting that she is in love with some one else needs to be explained in detail as it could help you in your case