Advocate Pallav Sharma

Questions Answered by Advocate Pallav Sharma

Q: Divorce maintenance charge settlement issue we demanding 20 lakh

My sister's divorce talk stuck at maintanance amount. We demanding 20lakh they are ready for 10 lakh. What to do please suggest, should we agree to 10 lakh as she has a child.

Advocate Pallav Sharma answered
This always depends upon your lifestyle, how much you earn, how much your husband earns, what are your monthly expenses and what are your husband and child monthly expenses. It cannot be said how much amount the court will allow as alimony or maintaince but court will take all these circumstances and instances in consideration before it pass any order. There is no straight jacket rule as such.

Q: Challenging a decree passed by Lok adalat made by fraud

How can I challenge to a consent decree made by fraud and passed by Lok adalat in 1990 in hindu family dispute.

Advocate Pallav Sharma answered
The scope for appeal of the order/decree passed by lok adalat is very limited and it can only be done for specific grounds and it comes under civil law domain. And since this decree/order is 27 years old so I dont think court will entertain this there is rare chance of it since you have slept over your rights for 27 years.

Q: How to resolve dispute in joint family property

 we have a two story house, on the ground floor I and my family lives and on the floor above my uncle and his family live. we are living together for 24 years . from last 10 years my uncle is creating problems like abusing and threatening and was not paying electricity bills . so 7 years ago my father allowed him to take a new connection on his name for that floor. now 2-3 years back and now when i was not at home he and his son beated my father and mother as my father has still not filled a complain against them. now they are saying that they will never vacate the house.as my brother is in army and i work in bank in m.p and my parents live there .House was bought by my father and the property belongs to him and is in his name(my father) it is neither joint nor encestral .if we takes a legal action how much time it will take for us to win and we force the out by any method so that there is no legal action taken against us( they have all the address proof for this address)

Advocate Pallav Sharma answered
Firstly its not your ancestoral property therefore he cant ask for any share in this property legally. Secondly there is no question of easement right developed over this property since it doesnt come under its ambit. thirdly, you can go under civil suit for eviction suit and under criminal suit we can file house trespass as well as some other provisions under IPC.