Advocate Shivali Sharma

Questions Answered by Advocate Shivali Sharma

Q: 05 people anticepetry bail charge

Case 498A, 323, 294,34,3/4 please tell me what is changed of anticepetry bail of 05 Person.

Advocate Shivali Sharma answered
Where any person has a reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail and the court shall provide him anticipatory bail after taking into consideration the following factors, namely-1. the nature and gravity of the accusation. 2. the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence3. the possibility of the applicant to flee from justice.4. where the accusation has been made with the object of injuring orhumiliating the applicant by having him so arrested, either reject the application forthwith or issue an interim order for the grant of anticipatory bail.You may contact to discuss, matter will most likely have to be taken up by high court itself as getting an anticipatory is difficult in lower court.

Q: Hindu marriage act 13, i got notice to be present at the date

Mujhe wife ki taraf se court ka notice aaya hai, usme likha hai ki hindu marriage act 13 ke tahat aapko 4-3-2022 ko sulahvarta ke liye hazir rehna hai. So i want to know what is the procedure of sulahvarta.

Advocate Shivali Sharma answered
You need to be present in court for counselling on the said date. A counsellor will mediate the session between the parties, will give a further date for second mediation or will send the matter to court with its report.

Q: False dowry case filed by the girl and she has been harassing boy .

My nephew got married in 2018.Since then his wife has been harassing her and she used to be with her parents most of the time.ow after being there from 2 years.they have filed a false FIR for dowry case. We have all proofs .recordings.whtspp msgs.call recordings etc.that proves how illegal they all are.Kindly advice how can we deal.with this situation and come.out of it.

Advocate Shivali Sharma answered
You can go in for quashing of the FIR. Also would need to peruse your documents and evidences to suggest the further recourse. You can go in for quashing of the FIR. Also would need to peruse your documents and evidences to suggest the further recourse.

Q: PIL challanging Namantran of property by Village Mantri Secretary

I recieved a property through gift deed and I submitted my registry to Gram Panchayat Secretary for Namantran (No favours or bribe) , he for his convinience introduced my Namantran in an old gram sabha meeting agenda and provided me with a Namantran . My date of application for Namantran is after the date of gram sabha. Making the above error as a basis, someone has filed a PIL in SDM court to cancel Namantran and also has objected mention of temple in registry as private .What could be the remedy and what could be the worse outcome. Does cancellation of Namantran will effect me in any way and can my registry be challanged . I am also a legal hire of person who donated this property and she has died

Advocate Shivali Sharma answered
If your gift deed is registered you should not much problem, this is a technical case and all back documents have tp be reviewed for a viableSolution..In the presence of a registry ur case is strong, also we will need to peruse the interest of the party filing the PIL, post which we will need able to assess the merits and project your stand in a better manner

Q: leave in relationship ke rishte se kese alag ho sakti hu

Meri friend last 4yr se leave in relationship me sath rahti h us relationship se use ek boy bhi h but uska partner use Marta h ladta h to wo is relationship ko khatam karna chahti h wo boy to apne pass rakna chahti h to is relationship ko wo kese khatam Kar sakti h Kya uska pati koi case Kar sakta h us per

Advocate Shivali Sharma answered
Yes she can definitely come out of the relationship and can also file a domestic violence case against the violence faced by her. Also she can claim custody of the child out of the live in.Children born to live-in partners are considered legitimate and enjoy all property rights due to them. They have the right to self-acquired properties of parents under the Section 16 of the Hindu Marriage Act. In case, the live-in partners are estranged, the maintenance of children is still a duty of the parents.