Advocate Poonam Malik

Questions Answered by Advocate Poonam Malik (25+ answers)

Q: Domestic violence by mother in law , husband and brother in law and h

Meri shaadi Nov2024 mein hui thi. Shaadi ke kuch hi din baad hi mujhe mentally aur emotional harass kaa meri wire tapping karwai mujhse salary mangna mujhse meri parent ki property ka puchna job chodne ka pressure dhamki ki muhh dikhne nahi chodenge hare 10 din baad delhi se punjab ane ka pressure ghar kharcha chalne ka pressure dependent partner ki care karne mana ghar me cameras child birth ka pressure . Shadi ke 2month baad mayka aur 6-7 mahine no contact, aug wapis but same saas ne karwaya

Advocate Poonam Malik answered
These acts cumulatively constitute cruelty, mental harassment, and violation of fundamental marital rights. aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa

Q: Wife left my home leaving my minor daughter & wants to come back

My wife left me & my 6 year old autistic daughter two months back & if she wants to come back later on what legal contract should I make which remains valid in court for future safety & took sign of her that she doesn't do such things in future or if she does that again than this will go against her & i remain safe with my daughter

Advocate Poonam Malik answered
In India, there is no private contract or agreement that can permanently stop a spouse from leaving again or automatically punish her for doing so. Marriage is governed by personal laws (Hindu Marriage Act / relevant personal law), and any agreement restraining personal liberty is not enforceable under Section 23 of the Indian Contract Act.However, for future legal safety and child protection, you may consider the following lawful options:1. Mutual Settlement / Memorandum of Understanding (MoU):You and your wife can execute a written MoU recording that she left voluntarily, has now returned of her own free will, and agrees to jointly care for the autistic child. This MoU can mention responsibilities, child care arrangements, and dispute-resolution clauses. Though not absolute, it has evidentiary value in court.2. Counselling & Mediation Record:Approach the Family Court or District Legal Services Authority (DLSA) for mediation. A mediated settlement recorded by the court carries strong legal weight.3. Child Custody & Guardianship Orders:You may seek formal custody or visitation orders under the Guardians and Wards Act, especially considering the child’s special needs. Courts prioritise the best interest of the child, not parental threats.4. Proof Preservation:Preserve evidence of abandonment, medical needs of the child, expenses, and caregiving. This protects you in any future litigation.Importantly, no document can legally bar her from leaving again, but court-recorded settlements and custody orders provide maximum protection.

Q: Quashing of FIR for BNS109 in case of Juvinile

i want to know about bail and quashing of FIR in case of BNS 109 for Juvenile after compromising between the partise

Advocate Poonam Malik answered
Bail and Quashing of FIR under Section 109 BNS in Case of a Juvenile after CompromiseSection 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS) deals with abetment of an offence when the act abetted is committed. When the accused is a juvenile, the matter is primarily governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, which is a beneficial and reformative legislation.Bail:As per Section 12 of the JJ Act, a juvenile in conflict with law is entitled to bail as a rule, irrespective of whether the offence is bailable or non-bailable. Bail can be denied only if release is likely to bring the juvenile into association with known criminals, expose him to moral or physical danger, or defeat the ends of justice. In most cases under Section 109 BNS, especially where the role is limited and parties have compromised, the Juvenile Justice Board generally grants bail with suitable conditions.Quashing of FIR after Compromise:Although Section 109 BNS may not be compoundable, the High Court can quash the FIR under its inherent powers (Section 482 BNSS) if the dispute is personal in nature, the compromise is genuine, and continuation of proceedings would amount to abuse of process of law. Courts place significant emphasis on the juvenile’s future, reform, and rehabilitation. Where the offence does not involve heinous crime or serious societal impact, quashing after compromise is legally permissible.

Q: Cyber financial fraud of around 24 lakh rupees

Based on an advertisement in which fin minister,infosys Narayan murty n Wion English news channel recommending govt backed AI driven stock trading I registered and my account was opened in so called stock broker company where on the platform my ,buying selling of IPO shares ,MF was visible .On IPO allotments as subscription on different days I transferred around 24 L in accounts given by them .Now no response .I registered complaint on 1930 ,amouts have been frozen.How to claim frozen amt ?

Advocate Poonam Malik answered
Based on the facts stated, the matter clearly reflects a case of online investment fraud and impersonation. Freezing of accounts after registering a complaint on 1930 (National Cyber Crime Helpline) is a precautionary measure taken by the authorities to prevent further diversion of funds. However, release of the frozen amount is not automatic and requires legal procedure.First, ensure that your complaint has been converted into a formal FIR either through the Cyber Crime Reporting Portal (cybercrime dot gov dot in) or at the jurisdictional cyber police station. Obtain the FIR number and details of the Investigating Officer (IO).Second, submit a written claim application to the IO along with all supporting documents, including bank statements, UTR numbers of transfers, screenshots of the trading platform, details of advertisements, chats, emails, and identity proof. This establishes your rightful claim over the frozen funds.Third, an application must be filed before the jurisdictional Magistrate seeking release of the frozen amount under Section 451/457 CrPC (corresponding provisions under BNSS, 2023). The court, after considering the IO’s report, may order partial or full release of the amount.Simultaneously, follow up with your bank and submit copies of the FIR and court application. Recovery depends on availability of funds in the frozen accounts and court approval.

Q: Our relative farmers revolutionary was falsly impllocated in pocso st

arrested without intimation of arrest in absolutely false st sc pocso case, in political nexus of police. We have evidence of cctv that he was present at home at the time of offence alleged done. The father of girl child gave two different statement in news that he was present, next statement he gave that he was not present three boys came to kidnap a girl who was known to one of boys. But in FIR the statement are entirely different, no time and date of offense alleged, arrest made jr remand

Advocate Poonam Malik answered
The arrest of the accused is patently illegal, arbitrary, and violative of constitutional safeguards. The accused was arrested without any prior intimation of arrest or grounds thereof, in complete violation of Articles 21 and 22 of the Constitution of India and the mandatory guidelines laid down in D.K. Basu v. State of West Bengal. The case appears to be a false and motivated prosecution under the SC/ST Act and POCSO Act, driven by a political nexus with the local police.Material evidence in the form of CCTV footage clearly establishes that the accused was present at his residence at the alleged time of occurrence, thereby falsifying the prosecution story at the threshold. Further, the conduct of the complainant is highly suspicious and unreliable. The father of the alleged victim has given contradictory versions before the media—first stating that the accused was present at the scene, and later stating that the accused was not present and that three other boys kidnapped the girl, who was known to one of them. These contradictions go to the root of the case and destroy the credibility of the prosecution.Moreover, the FIR itself is vague and defective, as it does not mention the specific date and time of the alleged offence, which is a basic requirement in criminal law. Despite these serious infirmities, the accused was arrested and remanded to judicial custody mechanically, without due application of mind. Such misuse of stringent penal provisions warrants strict judicial scrutiny and appropriate relief to prevent miscarriage of justice.