Advocate Deepak Kumar Sharma

Questions Answered by Advocate Deepak Kumar Sharma

Q: Domestic violence and threat to leave by husband

Respected sir, my sister got married last year (2017), Her hasband threatening her to leave her , he also doing domestic violence with her. She is very worried . All the family members abusing her . They also don't care when she ill. Many times her hasband beat her, and misbehaving .. please please suggest me anything what should we do sir

Advocate Deepak Kumar Sharma answered
U can file a case of sec498a ipc along with dowry act.And u will also ask for maintenance and cost of litigation which she bearer in litigation. And if she want then u can also file a case for divorce .

Q: Can caste category change from general to SC in case of adoption

Sir i belong to general category. Can i change my category to sc if get adopted by a parent belonging to sc category? What are the rules and procedures of adoptation? Is this procedure legal?

Advocate Deepak Kumar Sharma answered
Persons who may be adopted- No person shall be capable of being takenin adoption unless the following conditions are fulfilled, namely-(i) he or she is a Hindu;(ii) he or she has not already been adopted;(iii) he or she has not been married, unless there is a custom or usageapplicable to the parties which permits persons who are married being taken inadoption;(iv) he or she has not completed the age of fifteen years, unless there is acustom or usage applicable to the parties which permits persons who havecompleted the age of fifteen years being taken in adoption.

Q: What to do if my husband is falsely giving statements against me

Mere husband ne kal muje section 9 ka file bheja h or usme sare statement jhuthe likhe hue h..or ek date h jisme bulaya gya h. Or agr me us date ko na jau to koi problem to nhi h n..qki sare statement jhuthe likhe h..or muje usse maintenance chahiye hmara 2 year ka ek son h.. or me uske ghar nahi jana chahti kyo ko wo log mujpe bahut sare jhuthe blame lga chuke .. so please btaiye ki me kya kru..agr na jau to uske against kya kru.. please help me..sir or mam

Advocate Deepak Kumar Sharma answered
Reasonable grounds on which petition for Restitution of Conjugal Rights can be rejectedFirst, if the respondent has a ground on which he or she can claim any matrimonial relief;Second, if the petitioner is guilty of any matrimonial misconduct;Third, if the petitioner is guilty of such act, omission or conduct which makes it impossible for the respondent to live with him; for instance, husband’s neglect of his wife or the constant demand for dowry, etc. are some reasonable ground for wife not to join the company of her husband.Burden of proof under Section 9 of the HMABurden of proof operates at two levels. Firstly, burden of proof is on the aggrieved/petitioner who needs to prove that the respondent has withdrawn from his society. Once that burden is discharged by the petitioner, it falls on the respondent to prove that there exists a reasonable excuse for the withdrawalआपको कोर्ट में उपस्थित होकर अपना पक्ष रखना चाहिए तभी कोर्ट सही बातो का पता लगा पाएगी। और आपके पक्ष में निर्णय दे पाएगी

Q: What can I do if I am harassed and abused by my husband

One of my friend who got married before 4 years back but she is not happy dur to his bad habits like chewing tobacoo and smoking as well as his behavior is not good and he is already cought by her red-handed twice that he is having affair with someone and he used to beat her everytime. His younger brother always use get some sexual benefits when she is alone at home and when she expose all these in front of there parents no one is believing on her everyone is telling like she is suffering from mental trauma. But the reality is that her life is in danger so please suggest what to because her husband or even the wife's family not agree for the divorce but she need this otherwise she is telling like she will commit suicide she don't want to stay with that guy anymore.

Advocate Deepak Kumar Sharma answered
You can contact the Women's Commission for this, or you can file a criminal case under section 498a ipc and other various section under IPC. You can also file a separate suit for maintenance as well.the victim also can file a divorce application in family court for taking the grounds of sexual harassment, abusing ,cruelty & other things which is happening with her.

Q: Can I take a legal action against my brother's marriage

My ten year younger brother (who is 26 years old), has got married to my wife's married elder sister (who has also a 13 year old child) and has got married against the wishes of family members.Is it under Hindu Marriage Act / Rule? Is it right? Can I take some legal action?

Advocate Deepak Kumar Sharma answered
As you say that your younger brother marry with your sister in law who is a minor is punishable Under Indian penal code.Marriage of a person with a girl whose age is below 18 is voidable. It will subsist until it is annulled by a court under the Prohibition of Child Marriage Act, the Madras High Court.