Advocate Shyam Narsaria

Questions Answered by Advocate Shyam Narsaria (25+ answers)

Q: Teacher torture child and abuse students how to proceed legally ?

There are so many teacher in my school who scold and beat students if she ask a question and he or she dosen't give right answer then she start beating, what is the punishment for a teacher hitting a student in india ?

Advocate Shyam Narsaria answered
DEAR FRIENDFIRST YOU ARE REQUIRED TO FILE A APPLICATION CUM REPRESENTATION BEFORE THE PRINCIPAL AND MANAGING COMMITE AND WRITE ALL THE INCIDENT CLEARLY AND IF THEY DON'T TAKE PROPER ACTION THEN YOU MAY FILE F.I.R OR COMPLAINT CASE AGAINST THEM

Q: Can a spouse take a child without permission in India, If mother has taken away the child from the f

Our marriage is 11 years old with a daughter aged 9 and a son aged 6. My wife filed an FIR under section 498A and, with police assistance, took all her belongings and our children. She wrote and signed a document stating she was taking her belongings and the children without any police signatures. Can I take my children secretly while they are playing in the park? I've read that without a court custody order, either parent can take the children as both have equal legal rights. I'm not planning to take them out of India. Since neither of us has filed for custody and the court is on vacation, I plan to pick up my children and inform my wife and the local police station where she resides that I am doing so. As the matter is not in court, it shouldn't be illegal. Will it be illegal for me to take my child? And if I take them, will I lose the custody case?

Advocate Shyam Narsaria answered
Dear Sir,
Lifting children without the permission of the mother may amount to kidnapping and could lead to unnecessary criminal cases against you. While it is true that fathers have equal rights to their children, I strongly advise you not to take such a step without proper legal procedures. If you wish to proceed, some legal preparation is required.

Q: I was false alleged under 3 POSCO Act. Can i get anticipatory bail

A relative girl is allegation to me false promises to marry and sexual relations between us. But she was false allegation. What can i do

Advocate Shyam Narsaria answered
DEAR SIRYES YOU CAN FILE ANTICIPATORY BAIL.ALLEGATIONS UNDER POSCO ACT IS SERIOUS ALLEGATIONS AGAINST YOU.FOR BETTER APPRECIATION OF YOUR MATTER I AM REQUIRED TO GO THROUGH THE FIR AGAINST YOU.FOR DETAIL DISCUSSION VISIT OFFICE.

Q: Harassing Mentally Even After Divorce

I have being divorced almost past 7 months and it was a contested one but however my wife didnt appear before the court at the time of the proceedings .but now after 7 months she is insisting me to marry her again and she is mentally harassing me by calling 300 to 400 times a day...there was a lot of drama and stress which led to this...and I dont want to engage in this nuisance again...she didnt appear before the court by her choice and was also.ok with it but now I dont know what she wants....and is threatening me that she would appear now and drag me again.....pls suggest what should I do ? Can I lodge a complaint regarding this harassing situation?

Advocate Shyam Narsaria answered
DEAR SIRYOU MAY GET IN TROUBLE BY YOUR WIFE.IT IS FURTHER SUGGESTED YOU THAT FILE CRIMINAL CASE AGAINT YOUR EX WIFE FOR HER ILLEGAL ACTIVITY.IF YOU DONT TAKE STEPS WITH IN TIME THEN THERE IS APPREHENSION THAT SHE MAY FILE FALSE COMPLAINT AGAINT YOU.FOR DETAIL CONTACT.

Q: We were married for the last 6 years but not living together as my wife has some issues at her home

We were married for the last 6 years but not living together as my wife has some issues at her home as her family did not like me eventually when they came to know about it they started abusing and allegating me ,even when I went to their place to talk they physically abused me and later when I asked my wife to stay with me as nothing else could be done she denied coming and wanted more time, so I filed for divorce but my wife did not appear before the court and finally it's being done....but now the problem is that after being divorced for 7 months she is calling me continuously and threatening me for money and asking me remarry her else she would file a petition against me....I'm really stressed out. Pls suggest what should I do or what scenario can be there.

Advocate Shyam Narsaria answered
DEAR SIRYOU ARE REQUIRED TO TAKE LEGAL ACTION AGAINST YOUR EX WIFE AND YOUR APPREHENSION IS CORRECT THAT SHE MAY IMPLICATE YOU IN FALSE CASE.TO SAVE YOUR SELF TAKE LEGAL RECOURSE.FOR MORE DETAIL CONTACT ME IN MY OFFICE