Advocate Vivek Bharadwaj

Questions Answered by Advocate Vivek Bharadwaj

Q: Pedestrian hit by a stolen vehicle and died

Hi, I have some questions here to ask. What happens when a pedestrian hit by a stolen vehicle and then died? Is the owner of the vehicle still be liable for the cause? At the time of the accident if that thief did not have a license, is the family of the victim still insured by the insurance company?

Advocate Vivek Bharadwaj answered
There are two situations, one from the point of view of MACT Claim and from the point of view of Criminal offence.1. For MACT Claim:If vehicle was duly insured at the time of accident and registered owner had made complaint or FIR immediately after theft, then the insurance company will be liable to pay compensation to the family of the deceased.If the vehicle was not duly insured at the time of its theft then the registered owner of the vehicle will be liable for compensation to be paid to the family of the deceased.2. For Criminal offence:In criminal trial the registered owner will not be liable for the offence of accidental death.

Q: Procedure to recover bike impounded by police

My bike was impounded by a police man in palam area. As I did not have the documents at that time. Now I have all the documents. Is it necessary for me to give an application to acp dhaula kua to release my bike.

Advocate Vivek Bharadwaj answered
Had the police officer given any Challan at the time of impounding your bike? If yes, you have to file an application before the court concerned for payment of Challan amount and release of your bike. After paying the fine as ordered by the court, the court will also pass an order to release the bike and that copy of order you have to submit before the ACP of concerned traffic circle.

Q: Remedy to get copy of charge sheet for case filed under 377 of IPC

I am muslim. I falsely charged by wife under 377 three yrs back. finally chargesheet was submitted in the court. On court website date of hearing given for next year Jan 2019. I not got CS till now. 1. can i get CS and other documents, if I go to court in few days? 2. i need to pay any amount to get cs? 3. can i get cs, just by writing a simple application ? or i have to use legal format?

Advocate Vivek Bharadwaj answered
The copy of the charge sheet is provided to the accused free of cost on his appearance before the court. If you have not appeared before the court after filing of charge sheet, it will be given to you on your first appearance and till date you can not obtain the same legally, but obtain it by using other means.....?. There is a procedure to obtain the certified copy of any document from the court record, but you can not apply for the same unless your appearance will not be marked on record.

Q: Procedure to get child custody of granddaughter

Being a grandfather, I want to keep my granddaughter (age 5+ years), after the death of my son, her mother(My daughter in law) has got married and wants my granddaughter to remain with her maternal grandfather. Please assist me how I can keep my granddaughter with myself.

Advocate Vivek Bharadwaj answered
You can file a petition for custody of your grand daughter. Being the paternal grandfather. Your right to have the custody of your granddaughter is preferential as compare to her maternal grandfather. Always remember that the wish of the child, her future prospect and overall upbringing factors will also play an important roll in the decision of the court, but at least you have to try for your right, rest depends upon facts of the case.

Q: Procedure to claim child custody as husband filed for divorce

Child custody for mother 07 year as per Hindu marriage act . Girl child is with father.father has filed for divorce.

Advocate Vivek Bharadwaj answered
You have to file petition for seeking custody under HMA before the family court by disclosing the grounds in support of your claim of customers child. Generally the custody of minor girl child is given to the mother, but overall benefit of the child is the main point of consideration.