Advocate Srishti Saxena

Questions Answered by Advocate Srishti Saxena

Q: How to calculate one time alimony amount

Marriage of 2 and a half years. Association of more than 8 years. Husband wants a divorce now quoting incompatibility. He has not been supporting me financially since I lost my job during covid. Since the wedding i was contributing my half of share towards household expenses. Even when I got severance, he insisted that I pay as usual,which I did. Now out of the blue he wants a divorce so i need to know how to calculate an amount to ask for alimony that will help me start life afresh, and tide me over till I am able to get a job, in a year or two. Depending upon opening up of the job and economy sector post covid.

Advocate Srishti Saxena answered
The husband is required to maintain you at the same standard that you lived during the marriage. Further there are various guidelines basis which the court decides the maintenance. These take into account the assets and liabilities of both husband and the wife.

Q: Contracts and legal documentation

I have started a company which is a property portal and I am trying to attach some packers and movers with my company for services. I want to know which documents should I ask them to submit about their company before attaching their packers and movers.

Advocate Srishti Saxena answered
You should sign a contract with them for the services you have planned with them. There are various documents you need to check to understand financial capacity, type of organisation (sole proprietorship etc). The documents required to be checked depends on which aspect you want to check.

Q: Effect of partner's resignation and necessary compliance for resigning

what will be the compliance in case I want to give resignation from the partnership.as we have partnership deed also in which we have Notarized from the Advocate.so whether the other partner can sue me on any ground or either iam safe. please let me know about this , as early as possible.

Advocate Srishti Saxena answered
The response to this question can only be given after your partnership deed. Generally for acts done by partnership while you were a partner, you will be liable. However, if you have an agreement to contrary then this will not apply.

Q: grandfather bought property from uncle, uncle claiming property back

We have a commercial property, which my grandfather bought from his uncle by making will in the name of his two sons except my father. My grandfather died 10 year ago and my uncles didn't share any property paper with us. My uncles are asking that my father has no right in the property. Though we have electricity bill in the name of my father, taken in 2014. Moreover when my grandfather was alive, he rented Terrance to MTNL and we get jointly rented income from it in the name of my father and two uncles. Suggest us can we take any legal action.

Advocate Srishti Saxena answered
After the death of the testator the provision of the will come into effect. The property of the deceased is distributed in accordance with the terms of the will. Therefore, if the will is in favour of your uncles there is nothing much you can do about it.

Q: What is the validity of ST Certificate as domicile certificate

My son has cleared CBSE Class XII Sc form Delhi and appeared NEET UG 2017 for admission to MBBS. As we are native and belong to MIZORAM state, my son obtained his ST (Scheduled Tribe) Certificate from the SDM of our native place/sub-division of MIZORAM which also certified the address of ordinary residence in it. For the purpose of being eligible for registration for counselling for admission to NEIGRIHMS, Shillong has put a clause that "The Applicant must be a Permanent Resident/Domicile of one of the 8 (eight) North-eastern states of India including Sikkim" & Domicile/Permanent Residential Certificate valid for the year 2017, from the competent authority (i.e. District Commissioner of the state or any Government authorized Official) certifying that he/she is Domicile /Permanent resident of either of the 8 (eight) North eastern states of India including Sikkim. So, in this context, does his ST Certificate is a valid document of Permanent resident/Domicile certificate of the state?

Advocate Srishti Saxena answered
As per the facts stated by you , domicile certificate of the State will also be needed. ST certificate and domicile certificate serve different purposes therefore in my opinion you will have to get Permanent resident/domicile certificate. Also you can confirm this question of yours from the college.