Advocate Rajiv Sharma

Questions Answered by Advocate Rajiv Sharma

Q: Does wife caste change after marriage from OBC to general ?

I am belong from obc category and married to general caste category boy. after marriage now in which category (obc or general ) am consider ?does caste change after marriage? Or if i will consider obc then my obc cerificate contains my father name or my husband name. because i have to fill a foam. then i want to know all that ??plz guide me.

Advocate Rajiv Sharma answered
You will remain member of OBC caste and marriage cannot take away benefits vested in you. You may write the name of father or husband as required in the form and submit the OBC certificate. Law has been settled by Supreme Court of India on this issue.

Q: Clarification regarding 156(3) & police not placed status report under crpc

Dear sir my query is I have put a complaint in police but police have not registered my case after that many approc to senior but nothing to do.then I have put my petitions to district court but till know approx one year have gone nothing to do. Court have demand to police status report but police till yet not place status report in court ,not 3 to 4 dats have gone. So can you suggest any other option those have under my rights

Advocate Rajiv Sharma answered
Your query is not clear but in any case, you can approach before the High Court u/s 482 of CrPC and get justice. You can also approach before the Sessions Court against order of district court. However, I believe that you are before District Court through your advocate. He can also explain the legal remedies at this stage.

Q: How much time it takes to get bail from high court ?

Bail application rejected from session court. Then it is filed in high court how much time required for hearing on bail. how many days it takes to get bail ?

Advocate Rajiv Sharma answered
It is not mandatory to file bail in High Court but you may do so. You can try to take bail from sessions court also after change of circumstances. In other case, file bail in High Court at any time. In High Court at Chandigarh, the bail is AB fixed within 2 days from date of filing and regular is fixed after a week. No limitation period for filing bail in High Court.

Q: Can a person with FIR leave country ?

FIR registered against the family but name of 1 family member not mentioned in FIR.. only relation is mentioned...can that member leave the country? how can a person go abroad if he has a police case?

Advocate Rajiv Sharma answered
Everyone can leave the country unless restrained by Court of law. Where restraint is imposed, permission can be taken from Higher Court for reasons, If you want to stop someone from leaving the country, file application in appropriate court of law with aforesaid prayer and in other case, take visa and just leave. However, on arrival you shall be required to take anticipatory bail before entering the airport. Your property shall be crying for you if complainant is aware of that. Consult your lawyer personally.

Q: Who bears financial expenses in marriage

My husband does not want to pbear household expenses of me and my two kids stating he is not liable for it.do I have any legal support in the case

Advocate Rajiv Sharma answered
Yes, submit an application in the women cell and the police shall guide him in respectful manner. In case he fails then police will use its technology to guide him. Further you can file case in Court of law for maintenance and domestic Violence. Your source of income is not clear however that has little relevance in this case.