Advocate Sanjeev Sarkar

Questions Answered by Advocate Sanjeev Sarkar

Q: How to get bail and stop arrest in case of IPC 306

Dear Sir, I am from Rajasthan. Let me tell you about my family. My father passed away in 2007 and we are three. One is my mom, my younger brother and me. We both are married. My younger brother's wife passed away because she took poison by herself. We couldn't save her. Her family put case against my mother and younger brother under IPC-306. Younger brother is in the jail and police are trying to find my mother to take in the jail. It's been more than one month. I am studying in delhi. My younger brother's career has already spoiled. How can I get out him from the jail and save my mom to arrest by police. Thanks

Advocate Sanjeev Sarkar answered
Hi, dearI suggest you move anticipatory bail application before the hon'ble court of session judge for interim protection.Or you can file writ petition before the hon'ble high court of Rajasthan, therefore contest the case.

Q: How to apply for divorce if wife lives in abroad

Both are hindu, im NRI 43yrs old woman n deaf too, he reside in Rohtak with his parents. We legally married on aug17, but we r not living together as I went back to nz, after tht he is avoiding me to keep in touch n he owes me $85k n he applied for Canada pr n mention tht he is single. He since three yrs emotionally atyachar n blackmailing me n he did it. I want divorce n my money back n compensation. It’s very hard from me to live without his support n he nver ever support me. Plz help me to get divorce. Rest I will tell u in details. Thank you

Advocate Sanjeev Sarkar answered
Move petition for dissolution of marriage by decree of divorce in the court of district judgeFile complaint against your spouse before the crime against women cell.You have also remedy for domestic violence in the court of Manila court.

Q: How to apply for a copy of charge sheet

I am living outside Delhi. For FIR under 377, charge sheet has been filed in one of the courts in Delhi. If my earlier lawyer collected CS by using already given vakalatnama: 1. No summon is issued to be till date. Can I get one copy of the CS from court as I am accused? 2. If I submit application in the court for CS, can i get it on the same day or I have to come another date (if given by court) ? 3. Court will not give CS to me, if My laywer is already collected it?

Advocate Sanjeev Sarkar answered
In this query you can move an application for certified copies of charge sheet because you are accused so you are entitled for certified copies from copying agency, move application for certified copies in same çourt.Deposit the fees of application in copying agency.

Q: How to get divorce from wife as she is not ready to give divorce

I am in love with boy and he also loves me but he is married and his wife is not ready to give divorce ... but the boy and I are having physical relation .... and also i I want to marry the boy whom I am in love with ... parents of the boy are also not ready to give divorce to his wife so plz guide us what should we do ? Plz help ....

Advocate Sanjeev Sarkar answered
Hi, I suggest you to forget your love because Hindu law does not allow second marriage with out getting divorced from first marriage. You have second option you can spend time with him as live in relation.

Q: Inappropriate flat condition and harassment by builder

 We booked our flat in Noida sector 4 in 2016 but builder told us last week that your flat has been cancelled by our company (without any reason ) and saying to refund our payment that is only 50% of the total money deposited by us. They told us in starting that u have to pay only 25% of the purchasing amount (22lac) and after that u have to pay loan emi's from Gic (general insurance corporation ) in Noida and promised us to give possession by the ending month December 2016 when he was dealing with us but when he made agreement he wrote possession date from December to May with grace period of 3 months but flat condition is still horrible and now he is saying us to take refund of 2.5 lac and 2.5 lac has been deducted from ur money

Advocate Sanjeev Sarkar answered
Hi, you can file complaint case against the builder in respect of your flat before the district consumer redressal.Secondly you can also file suit for recovery in civil çourt with damages along with interest of principal amount.