Advocate Rakesh Sharma

Questions Answered by Advocate Rakesh Sharma

Q: if wife does not appear in Divorce case, how to get Exparte Divoorce

Hi, I am divorcing my wife, she is UK Citizen and I Australian Citizen, we married in Punjab. Notice of Petition sent to her, no response, no turning up for appearance in court. If she does not turn up to court or has a lawyer turn up to court, I can then get exparte divorce?

Advocate Rakesh Sharma answered
No need to worry about. Simply court Will exparte the respondent after completing the procedure for summoning. You will get the divorce. Rather in this case you should vigil to get the exparte divorce.

Q: Can a widow be disowned by a mother in law after acquiring POA?

Hi.. my father passed away 3.5 years ago.. now my 2 bua and grandmother, are pressurising my mother to leave the house. The house in which we live was owned by my grandfather's father and he gave the power of atorny to my grandmother because my grandfather also passed away when my father was 14 yrs old.. now my grandmother has complaint against my mother in police station that my mom disturbs her and abuse her.where as my grandmother pressurise my mother to bring money (dowry) from his brothers. kindly help me plz.. if this issue has any solution..

Advocate Rakesh Sharma answered
Don't leave the house as it is ancestral property, you have the equal rights to the property. She can visit the police station,but you have not commit any crime. So don't worry, be assertive on your legal rights. Law is in your favour.

Q: My Inlaws Charging Me My Parents And Panchayat Section 452

I was living with my parents for last 7 months however was asking continuously to my husband to take me and my 3 years old son back. We went to their house with panchayat thrice and every time they said my husband will come and take me back but on 8/7/17 when we went to talk along with panchayat my inlaws dragged me bruitly pushing panchayat out then beat me bruitly i was injured badly and then filed complaint against us that we attacked their house. Can they do so? Can they charge us of 452can they do so? I had no fight and i was not living with my parents by my wish they were not letting me live there i was waiting for my husband to come and take me and my son back he never took any responsibility of me and my son now he is planning to fly out of india leaving me and my son behind is there no law to protect me and my son's future

Advocate Rakesh Sharma answered
You have not registered the case against them when they beaten you badly, however it is now one month late you can file the complaints against them for brutality through police or court,they can not file the case against you, they filed the case against you for protection themselves. You can file the various cases under domestic violence act, section 125 of cr.pc and other criminal case against them to protect you and your children.

Q: land lord blackmailing for cheque bounce

we were paying our rent through post dated cheque. one of our cheque of rs. 80,000 got bounced. our land lord not informed us about it. after we got details of cheque bounce we were ready to pay full amount and also penality for it but he refuse to accept it and file a case against us. rental agreement is in between he and my sister. now he is harrassing her and demanding 15 lakh as a penality. plz suggest some way to sort out all this. my mother and my sister is in depression due to all this plzz help us.

Advocate Rakesh Sharma answered
Don't worry about cheque case, you appear before the court and show your intentions to pay the said amount, if he not agree, then fight the case and make defence of your facts in relevant stages of evidence,cross examination of other party, his story of 1500000 is false bring this fact before the court.