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R.J. Sharma, Advocate

NRI Legal Specialist • Matrimonial Disputes • Criminal Trials

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Simple Legal Access for Everyone

Navigating the Indian legal system can feel like walking through an endless maze. At MyRights, led by the expertise of R.J. Sharma, Advocate, we are dedicated to breaking down the barriers of complex procedures and intimidating terminology. We believe that true justice begins with understanding. Our platform, www.myrights.in, serves as a digital bridge between the courtroom and the common citizen, ensuring you are never left in the dark about your legal standing.

"Our mission is to ensure that legal knowledge is not a privilege reserved for lawyers, but a tool for every person ready to Fight For Their Rights."

Professional Advocacy

As R.J. Sharma, Advocate, I provide comprehensive legal representation across all levels of the Indian judiciary. Our practice spans from the District & Sessions Courts, where the foundation of a case is built, to the High Court of Judicature at Allahabad (including the Lucknow Bench), and up to the Supreme Court of India for matters involving complex constitutional questions and final appeals.

We specialize in navigating the transition to the Bharatiya Nyaya Sanhita (BNS) and BNSS, ensuring that trial strategies, bail applications, and writ petitions are handled with precision. Our firm is uniquely equipped for Distance Advocacy, providing seamless legal support to NRIs and clients located far from the court’s physical location through digital consultations, electronic filing, and transparent virtual reporting.

Warrior Against False Litigation

In the modern legal landscape, the misuse of laws like Section 498A (BNS 85), domestic violence acts, and false harassment claims has become a major challenge for innocent men and their families. At MyRights, we stand as a shield for those trapped in malicious legal traps.

Our Men's Rights advocacy focuses on:

  • Quashing of False FIRs (Section 482 / BNSS 528)
  • Strategic Defense in Matrimonial Cruelty cases
  • Protecting Families from Unlawful Arrest & Harassment
  • Fighting Judicial Battles to Restore Dignity & Honor

Our Vision

We aim to modernize the legal experience in India by focusing on three foundational goals:

Clear Information

Transparency is our priority. We provide streamlined access to case records and real-time status updates, removing the anxiety of waiting for "date-to-date" progress (Tareekh-pe-Tareekh) without knowing the substantive outcome of the proceedings.

Plain Language & BNS Clarity

With the implementation of the Bharatiya Nyaya Sanhita (BNS), many litigants feel lost. We translate complex legal provisions into simple language, helping you understand how new laws impact your existing cases or future legal protections.

Direct Support for Global & Local Matters

From NRIs protecting ancestral property across states to local residents facing criminal charges, R.J. Sharma, Advocate provides hands-on strategic representation in Civil Suits, Writ Petitions, and Matrimonial Litigation.

How the Indian Courts Work

India follows a structured judicial hierarchy designed to ensure fairness and transparency at every level. From local disputes to matters of national importance, cases move through a multi-tiered system where evidence and law are meticulously evaluated.

  • Supreme Court: The apex judicial authority of India, located in New Delhi, handling the most critical constitutional and legal matters.
  • High Courts: The highest judicial body at the State level (e.g., Allahabad High Court for Uttar Pradesh), overseeing lower courts.
  • District & Sessions Courts: Trial courts where most legal battles begin, evidence is recorded, and witnesses are examined.

Criminal matters (such as theft, assault, or Section 498A/BNS 85) follow a strict procedural code:

  1. FIR/Complaint: The legal machinery starts with an FIR at a police station or a direct complaint to a Magistrate.
  2. Investigation: Law enforcement agencies collect forensic evidence, recover assets, and record witness statements.
  3. Charge Sheet: If evidence is found, the police file a formal report (Charge Sheet) in court.
  4. Framing of Charges: The Judge evaluates the report and formally accuses the person of specific crimes.
  5. Evidence Stage: The prosecution and defense present their witnesses for examination and cross-examination.
  6. Arguments & Judgment: After final legal debates, the Judge delivers a verdict of "Guilty" or "Not Guilty."

Civil litigation (property disputes, divorce, or contract breaches) focuses on resolving private disputes:

  1. Plaint: The Plaintiff submits a written grievance detailing the facts and the relief sought.
  2. Summons: The Court officially notifies the Defendant to appear and respond.
  3. Written Statement: The Defendant provides a point-by-point reply to the allegations.
  4. Framing of Issues: The Court identifies the specific points of law and fact that need to be decided.
  5. Trial: Documentary evidence is submitted, and oral testimonies are recorded.
  6. Final Decree: The Court passes a decree or order to resolve the dispute permanently.

Legal proceedings under Section 138 of the Negotiable Instruments Act for dishonored cheques:

  1. Legal Notice: Sent within 30 days of cheque bounce, giving 15 days for payment.
  2. Complaint Filing: Filed in court within 30 days after the notice period expires.
  3. Summoning: The Court issues summons to the accused after recording pre-summoning evidence.
  4. Trial: Summary trial process involving evidence, cross-examination, and final arguments.
  5. Judgment: Conviction may lead to up to 2 years imprisonment and fine up to double the cheque amount.

The law provides several remedies if a party is dissatisfied with a court's decision:

  • Appeal: A statutory right to challenge a lower court's judgment in a higher court (e.g., District Court to High Court). It allows for a re-examination of both facts and law.
  • Revision: A discretionary power of a higher court to ensure that the lower court has exercised its jurisdiction properly and followed legal procedures without material irregularity.
  • Review: An application made to the same court that passed the order, asking it to reconsider the judgment if there is a discovery of new evidence or a clear error on the face of the record.

Common Legal Queries

Steps to Secure Bail:
  • Anticipatory Bail: Filed under Sec 482 BNSS (formerly 438 CrPC) when an arrest is apprehended. It prevents immediate arrest during the investigation.
  • Regular Bail: Filed under Sec 480 BNSS after an arrest has been made. The court considers the nature of the offense and the likelihood of the accused fleeing.
  • Interim Bail: A temporary bail granted while the main bail application is pending final adjudication.
Legal Procedure:
  • A petition is filed before the High Court under Section 528 BNSS (formerly 482 CrPC) to quash an FIR that is frivolous or false.
  • The court examines if the allegations, even if taken at face value, constitute a criminal offense.
  • FIRs arising from matrimonial disputes or civil matters can often be quashed if a settlement is reached between parties.
Trial Workflow under BNSS:
  • Framing of Charges: The court decides whether there is enough evidence to proceed with a trial.
  • Prosecution Evidence: Recording statements of witnesses and examining material evidence produced by the police.
  • Statement of Accused: The accused is given a chance to explain the circumstances appearing against them.
  • Defense Evidence & Arguments: The defense presents their witnesses, followed by final legal arguments before judgment.
Legal Process for Property:
  • Legal Notice: A formal notice is sent to the other party demanding your legal share or rights in the property.
  • Filing of Suit: A suit for Partition or Declaration of Title is filed in the Civil Court having jurisdiction over the property area.
  • Preliminary Decree: The court first determines the share of each party.
  • Final Decree: After the physical division of property (if possible) or sale, the final order is passed.
Recovery Process:
  • Summary Suit: Under Order 37 of CPC, a fast-track suit can be filed for liquidated money claims (bills, promissory notes, or contracts).
  • Leave to Defend: The defendant must apply for "leave to defend" within 10 days of the summons; otherwise, the claim is deemed admitted.
  • Execution: Once the decree is passed, an execution petition is filed to recover the amount through attachment of assets.
Temporary & Permanent Injunctions:
  • Interim Relief: An application under Order 39 Rule 1 & 2 is filed to seek an immediate 'Stay Order' to prevent property sale or construction.
  • Three Pillars: The court grants a stay if you prove: (1) A Prima Facie case, (2) Balance of Convenience, and (3) Irreparable Loss.
  • Final Injunction: A permanent restriction is granted only after the completion of a full trial.
Eviction Procedure:
  • Notice of Termination: Sending a legal notice under Sec 106 of the Transfer of Property Act to vacate the premises.
  • Filing Eviction Suit: Filing a suit in the Civil Court or Rent Controller based on grounds like non-payment of rent or personal necessity.
  • Mesne Profits: Claiming damages for the period the tenant occupied the property illegally after the notice period expired.
Mutual Consent Divorce:
  • A joint petition is filed by both parties expressing mutual consent to end the marriage (First Motion).
  • The court provides a 6-month cooling-off period, which can now be reduced through a waiver motion in specific cases.
  • After the second motion, final statements are recorded, and the court grants the divorce decree.
Contested Divorce:
  • A petition is filed by one spouse based on legal grounds such as cruelty, adultery, or desertion.
  • Summons are issued to the other party, followed by the stages of filing evidence and cross-examination.
  • The Judge delivers the final judgment after evaluating all testimonies and legal arguments.
How to Claim Maintenance:
  • A spouse, children, or parents can file an application for maintenance to ensure financial stability.
  • A separate "Interim Maintenance" application is filed to seek immediate financial relief while the case is pending.
  • Both parties are mandated to file a detailed Affidavit of Assets and Liabilities as per Supreme Court guidelines.
  • The court determines the monthly maintenance amount based on the income, status, and lifestyle of the parties.
RCR (Section 9 HMA):
  • If a spouse leaves the matrimonial home without a reasonable excuse, a petition under Section 9 is filed.
  • The court questions the responding party regarding their reasons for withdrawing from the marriage.
  • If no valid reason is found, the court issues a decree directing the parties to live together, though it cannot be forcibly executed.
Procedure under the DV Act:
  • The process begins with the preparation of a Domestic Incident Report (DIR) by a Protection Officer.
  • A case is filed before a Magistrate where Protection Orders can be sought to prevent further abuse.
  • Reliefs such as the Right to Residence, Monetary Relief, and compensation for medical expenses can be granted.
BNS Sec 85 (Formerly 498A IPC):
  • A complaint is initially submitted to the Crime Against Women (CAW) Cell or the local police station.
  • Mandatory mediation and counseling sessions are conducted to explore the possibility of reconciliation.
  • If mediation fails, an FIR is registered. At this stage, seeking Anticipatory Bail may be necessary for the accused.
  • The trial proceeds in court, where specific penalties are prescribed if the charges of cruelty or dowry harassment are proven.
Crucial Timelines for Section 138:
  • Cheque Presentation: The cheque must be presented to the bank within its validity period (usually 3 months).
  • Demand Notice: Within 30 days of receiving the 'Cheque Return Memo' from the bank, a formal legal notice must be sent to the drawer.
  • Payment Window: The legal notice must give the drawer exactly 15 days from the receipt of the notice to make the payment.
  • Cause of Action: If the drawer fails to pay within those 15 days, the right to file a criminal complaint arises on the 16th day.
Litigation Steps:
  • Jurisdiction: The complaint must be filed in the court where the bank branch of the payee (where the cheque was presented) is located.
  • Limitation: The criminal complaint must be filed within 30 days after the expiry of the 15-day notice period.
  • Verification: The complainant's statement is recorded (pre-summoning evidence), and if the court finds a prima facie case, summons are issued to the accused.
Immediate Financial Relief:
  • The court has the power to order the drawer of the cheque to pay "Interim Compensation" to the complainant.
  • This amount can be up to 20% of the cheque value and is usually ordered at the stage of framing charges.
  • This ensures that the complainant receives some portion of the money even while the trial is ongoing.
Consequences of Conviction:
  • Imprisonment: Cheque bounce is a criminal offense punishable with imprisonment for a term which may extend to 2 years.
  • Fine: The court can impose a fine which may extend to twice the amount of the cheque.
  • Civil Recovery: Apart from criminal action, the complainant can also file a civil summary suit for the recovery of the money.

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