Advocate Prabuddha Sharma

Questions Answered by Advocate Prabuddha Sharma

Q: Do I need to pay alimony? Will I get divorce

I got married 15 months ago , after few days I got to know that my wife is suffering from schizophrenia ( psychosis ) since last 14 years ( I have her & her parents voice recordings and one old prescription before the marriage), her parents and she married me by hiding her mental illness. From that time till now I was trying my best to get proper treatment, but seems everything is useless, she is making false allegations on my family members even we are not living with my family after marriage ( as she is working as doctor in another state). nMy question is n1. Whether I can get divorce on the basis of her mental illness?n2. Do I need to pay alimony even she is a grade-1 officer ? nSomeone please help me.

Advocate Prabuddha Sharma answered
You may file for divorce on the ground of concealment of your wife's illness from you at the time of performance of the marriage. As regards alimony, now both husband and wife are required to file an affidavit of income and assets before the court so if your wife is able to maintain herself, then ordinarily no maintenance is required to be paid to her.

Q: Ground for seeking a divorce by wife

Hi,nI want to know is emotional abuse ground for divorce ?nAnd what proofs are required to prove that.I also want to know how long it takes to get the divorcw finalized if no alimony or child support isssue is thereOn what grounds can court reject the plea for divorce.

Advocate Prabuddha Sharma answered
Emotional cruelty is a ground available under section 13 HMA. However, you must show the damage caused to you by such behaviour of your spouse either by medical documents, statements of your relatives etc. Contested Divorce proceedings take atleast 1-2 years. Divorce can be dismissed if you are unable to persuade the court in support of the ground for divorce.

Q: Illegal construction after court stay

HiWe have stay from court related to unauthorized construction by my uncle on undivided ancestral property. Still he is not stopping construction work. The local municipal corporation not doing anything.. we have filed for contempt of court but as we understand it is difficult to stop construction as we have been openly told by other party we can not do anything. Is there any other legal option available now..

Advocate Prabuddha Sharma answered
pursue your contempt proceedings. additionally you may also make a representation to the concerned municipal authority along with the copy of the concerned court's order asking them to stop the illegal construction.

Q: Unregistered Memorandum of Family Settlement and Relinquishment

My maternal grandfather died without a will. nnMy mother 's brother made her sign a Memorandum of Family Settlement where she has agreed that he brother will have sole right to my grandfather's house, including right to sell. The document is notarized but not registered. nnHe had made some verbal promises in return which he now refuses to honor. Also, he has used the document to get the title(patta)of the house in her name. My questionsn- Does my mother still have a share in the property as no settlement or relinquishment deed has been registered?n- Can she stop her brother from selling the house ?n- If he sells the house, can she claim her share from the proceeds ?nnThanks.

Advocate Prabuddha Sharma answered
Family settlements are binding unless you are able to show absence of consensus. also, the nature of the property, whether co-owner or co sharer is significant to decide whether any sale can happen without the consent of the other parties.

Q: Summon for 138 from TATA capital. Needs to be present in court

Hi, I got a summon 61 from Tata capital for personal laon and they've booked me for section 138 under N.I. Act. They've asked me to be present in Jaipur on 18th November and have tole me that I could discuss this case in lok adalat on 12th November. I want to settle my debt so do I actually need to be present in court or can settle the case in Lok Adalat? Please help

Advocate Prabuddha Sharma answered
for settlement anywhere you have to be physically present before the court for your signatures and appearance. You may also settle this in Lok Adalat by being present physically before the court wherein you will receive the copy of the settlement and order disposing your matter there and then, on the same day.