Advocate Prabuddha Sharma

Questions Answered by Advocate Prabuddha Sharma (50+ answers)

Q: Concept of section 41 or station bail 41a

I was issued crpc 41A for FIR U/S 498a, 406, 506, which was complied. After investigation, the police called and got my sign on a form / declaration u/s 41. My question is - Does this mean I was arrested and let go via station bail OR does it mean that arrest is not needed and accused are let go till chargesheet is filed?, what is station bail ?

Advocate Prabuddha Sharma answered
signature on 41-A notice hs been obtained to show u have complied with the notice and appeared before police to join investigation. These offences are non-bailable so there is no question of police granting u bail. You will need to obtain bail on the date chargesheet is filed against you in court from the concerned court.

Q: What to do if police is not taking action after FRI ?

Sir I have put FIR with the help of court in(156(3)) but police have not do investigation as per or have not arrested people and submit the report in court after 6 month. what to do if police is not taking action ?, Any other option open for me

Advocate Prabuddha Sharma answered
You can approach the court for directions seeking fair and proper investigation after making representation to the SP & SHO of concerned police station and when no action has been taken on the same after reasonable time. You will need copy of FIR. and copy (copies) of representation s made by you to the SP& SHO. Please note that final report has to be filed in court within 90 days of arrest of accused.Additionally, you can also track details of FIR on Rajasthan Police's website.

Q: What is fir time limit in case of accident ?

Please inform what is the time limit for filing fir in india with police, if any, after the incident date.

Advocate Prabuddha Sharma answered

Q: Do I need to pay alimony? Will I get divorce

I got married 15 months ago , after few days I got to know that my wife is suffering from schizophrenia ( psychosis ) since last 14 years ( I have her & her parents voice recordings and one old prescription before the marriage), her parents and she married me by hiding her mental illness. From that time till now I was trying my best to get proper treatment, but seems everything is useless, she is making false allegations on my family members even we are not living with my family after marriage ( as she is working as doctor in another state). nMy question is n1. Whether I can get divorce on the basis of her mental illness?n2. Do I need to pay alimony even she is a grade-1 officer ? nSomeone please help me.

Advocate Prabuddha Sharma answered
You may file for divorce on the ground of concealment of your wife's illness from you at the time of performance of the marriage. As regards alimony, now both husband and wife are required to file an affidavit of income and assets before the court so if your wife is able to maintain herself, then ordinarily no maintenance is required to be paid to her.

Q: Ground for seeking a divorce by wife

Hi,nI want to know is emotional abuse ground for divorce ?nAnd what proofs are required to prove that.I also want to know how long it takes to get the divorcw finalized if no alimony or child support isssue is thereOn what grounds can court reject the plea for divorce.

Advocate Prabuddha Sharma answered
Emotional cruelty is a ground available under section 13 HMA. However, you must show the damage caused to you by such behaviour of your spouse either by medical documents, statements of your relatives etc. Contested Divorce proceedings take atleast 1-2 years. Divorce can be dismissed if you are unable to persuade the court in support of the ground for divorce.