Advocate Sapna Malik

Questions Answered by Advocate Sapna Malik

Q: How to prove false allegation under pocso act ?

Hi, My brother was arrested today under a false POSCO case. Police did not give exact details of the case, they refused to give us the copy of FIR and what exactly they have accused him of. First, we need to get him bail and then need to get him out of this case. The information so far we have is following - My brother is a store manager in Nike store in Gurgaon. A customer had visited the store on 19th May 2017. They have a 6-7 years old daughter. He had done 3 or 4 visits that day. Father asked my brother to take care of his daughter till he checks out stuff in the store. The girl kicked a football towards trial room area and my brother went to pick it up. The girl followed him to trial room area which was out of CCTV camera for barely a second. After 5 days of this event, the parents had filed a case under POSCO today 25th May 2017, saying that my brother had shown his private parts to the girl during that 1 second. Police refused to share the FIR copy also with us.

Advocate Sapna Malik answered
Your Lawyer has a right to take the FIR and it is also uploded online , if you have the number of the F I R you can download it you can also apply for the bail, once the police files the chargesheet , rest all you have to prove yourself that you are not guilty of the said offence, during the trial

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.