Advocate Sapna Malik

Questions Answered by Advocate Sapna Malik (25+ answers)

Q: How to prove false allegation under pocso act ?

Hi, my brother was arrested today under a false POCSO case. The police did not provide exact details and refused to give us a copy of the FIR or disclose the exact allegations. First, we need to secure his bail and then prove his innocence. The information we have so far is: My brother is a store manager at a Nike store in Gurgaon. A customer visited the store on May 19, 2017, along with their 6-7-year-old daughter. The father asked my brother to look after the child while he shopped. At one point, the girl kicked a football towards the trial room area, and my brother went to pick it up. The girl followed him to that area, which was out of CCTV range for barely a second. Five days later, on May 25, 2017, the parents filed a POCSO Act case against my brother, alleging that he exposed his private parts to the child during that one second. The police are not providing us with the FIR copy.

Advocate Sapna Malik answered
Your lawyer has the right to obtain the FIR. It is often uploaded online, so if you have the FIR number, you can check for the FIR under the POCSO Act in Hindi or English on the official police portal. Once you get a copy, you can apply for bail. If the case proceeds to trial, you will need to prove the false allegation under the POCSO Act and establish your innocence in court.

Q: who are not eligible for government jobs ?

will call back-- free question posted *LAWYER-SEARCH* my name is involved in a fight .but compromise has taken place.but police has taken my signature on the page on which compromise ia written.does this means i have a police record.by this am i become ineligible for government jobs as police verification is required for all government jobs. who is not eligible for govt job? plzz tell

Advocate Sapna Malik answered
Your name will be there with the police, but if the investigation or the court case/trial is still on then only you will have a problem in getting government job , but there is no restriction to travel or get a job.

Q: Is a case under section 409 and 420 bailable

My Father was retired from govt job in 2005 now there was a case of currption on him from some third party from 2016. Now yesterday the court declared him as accused and setence a jail term for him under many section out of that there 409 and 420 pic. He is 73 years old can we ask for a bail for him. Please suggests

Advocate Sapna Malik answered
If you have sufficient evidence in your favor and charge sheet if filed You can apply for bail,and you can also go for quashing of FIR if you have sufficient grounds in your favor. although these are non bailable offences you hire a good defense counsel for yourself and bring the case in your favor so that you can get bail.

Q: Marriage took place in arya samaj mandir, wanted to take divorce now

I married in 2013 in arya samaj mandir in delhi .we havent lived a single day together .he convinced me somehow to gt married .. bt frm last two tears we are not in contact because he harassed me raped me repeatedly .. i asked him to cancel this marriage but he denied but i want divorce from him because he blackmails me because all the Documnts issued by mandir are with him only.. i want to knw how can i take a divorce from him ???

Advocate Sapna Malik answered
if he has cheated you then you can go for annulment of marriage and can get you marriage declared null and void. Another way is to go for mutual divorce if he agrees or you can contest divorce under Hindu marriage act.

Q: How can i take divorce and child custardy if husband is in abroad

As I m staying in laws house and I want my daughter custody and expenses.i m working women and I want divorce also what step I should do .my husband not care for me or my child this year I have seen many photos of other girl.i have completed 12 years of marriage.since 5 he stated giving money He is abroad ?

Advocate Sapna Malik answered
Hi, you can file the cruelty case against your husband IPC under section 498A OR 497 illegal relationship and domestic violance . your husband is liable to take the maintains of you and your daughter.