Advocate Omar Shariff

Questions Answered by Advocate Omar Shariff

Q: How much time does it take to get bail in IPC 302, and how to get bail in IPC 302?

Dear Sir/Madam, in the case KABD010007662020 where IPC 302 has been filed by the police, how can one obtain bail and how long does the process usually take?

Advocate Omar Shariff answered
Bail in a murder case depends on the facts and circumstances, there are many factors that would be considered such as the allegations.. the overt acts attributed to the accused.The number if accused will also make a difference.

Q: Laws regarding the sex chat with married women in India

Had a sex chat with my brother's wife with her mutual consent but now the brother know about it. Their marriage is on verge of divorce, what kind of legal action can be taken on me in this? I didn't shared any pictures or videos, didn't talked on phone just one day sexting! I have screenshots of the texts I and she have sent! I am not married and they(my brother and brother's wife) has a child too. what are the implications of sex chat in india ?

Advocate Omar Shariff answered
Since you say it was a chat and she also would have said explicit things to. Does the chat talk about any other issue?If the woman supports you you don’t have a problem but if she doesn’t then she could make things more complicated and she could initiate legal action. But having said so, I would need to know what was said in the chat before I advice you and also the history you have with this woman

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