Advocate Puneet Sharma

Questions Answered by Advocate Puneet Sharma

Q: How is child custody after divorce worked out

Need help regarding child custody and we are not separate yet

Advocate Puneet Sharma answered
You can file petition for the custody of the child Inna family court under the Hindu adoption act The family court will keep the child's welfare as a paramount consideration and will decide accordingly

Q: Conditions under which bailable warrant is issued

what is ballable warrant & which condition take this action,pls suggest me

Advocate Puneet Sharma answered
If a court issues summons to a person and that person doesn't appear the court has the power to issue bailable warrant After a bailable warrant is issued the police officials will come to your place and execute a bail bond

Q: Advice in case husband filing for divorce without wife's knowledge.

I am Hindu and married for 7 yrs.My husband lives outside India and he has got into relationship with other woman and want divorce to marry her. I don't have any proof of affair but he has told me this over the call. i have 5 year old daughter and don't want to divorce him. What are options do i have and if he files for divorce how long case could go. Also he is not on proper work visa at Myanmar, what could be done to call him back to India. Also as per him his lawyer has suggest that he could get divorce without coming to India or appearing in court and if i don't appear in court of three consecutive time then case will be in this favor and he would be granted divorce . Is this possible in any way? is there any condition/ situation in law in which this could be possible? what could i do so that if case filed then it should go for multiyear and even if he outside India he has come to India for each hearing.Basically i wnt 2 buy time n wnt things 2 delay as much as possible.

Advocate Puneet Sharma answered
Your best option right now is to file a petition of restitution of conjugal rights which means when the court passes the decree the husband will be mandated to live with you and also in that case he won't be able to get divorce

Q: Divorce as wife's psychiatric problem not disclosed before marriage

My son and my daughter-in-law have been married for the last 4 years as per Hindu marriage act. Both are employed in Singapore. My daughter-in-law has some psychiatric problems for which she was under treatment in Trichy. The same was not declared to us before marriage. Also, they have lied us about her qualification etc. Now they have a 10 months old daughter. My son consulted a psychologist for her treatment which has no +ve result. She does not look after the house and being employed do not contribute anything. Every alternative day she fights and some times tried suicide attempt. A police report was also registered in Singapore. How we can get rid from her. Is there any way to get divorce from her. She has also not good relations with her family though she send them some money to her parents as they do not earn anything. Pl advise.

Advocate Puneet Sharma answered
You can file a divorce petition in the court of local jurisdiction where the couple got married If you're able to establish that you didn't about her mental health then you can also go for annulment of marriage

Q: Wife filed for contested divorce and cruelty

I separated from my wife after discovery of her affair and she has not admitted it. She has filed for mental cruelty contested divorce case against me. What should be legal options? My main objective is establishment of her affair. Thanks

Advocate Puneet Sharma answered
You have to adduce evidences against her that prima facie shows her affair with the other person These evidences can be anything from text messages,letters to phone calls Also adultery by the wife gives you a ground for divorce