Advocate Abhinav Sharma

Questions Answered by Advocate Abhinav Sharma

Q: 125 maintenance case I need to get husband foreign travel details

I need to know my NRI husband is saying he has no earning and cannot pay maintenance for my minor daughter he has allowed anticipatory bail but he travels a lot abroad how to get his travel details to show to the court that he has money to travel I am an Hindu and got married in Delhi

Advocate Abhinav Sharma answered
Dear Client There is no way that you may seek a person’s travel details. However, you do not need the same to make your case for maintanance. The laws governing the same are clearly explained by the Supreme Court in Rajnesh v Neha. Feel free to get in touch to discuss further.

Q: Will court allow my this prayer to get my emi amount back that is pay

I have filed the suit of specific performance of agreement . in this case i have given full sale consideration to defendant but he not registering the property. also he has taken home loan on property which he is not paying. so in order to save the property getting auction by the bank i am paying the loan emi to bank directly when emi get bounce from his account . i have also made prayer in suit to direct defendant to pay loan emi amount payed by plaintiff to bank during pendency of suit.

Advocate Abhinav Sharma answered
Dear client Such a prayer in SPA for making good on the letter and spirit of the ATS shall be considered by the court. However, in case full consideration is already paid and the seller did not have complete title to sell it, the ATS can be set aside.Feel free to get in touch to discuss Regards

Q: 377 511 pocso 7/8 fake case FIR and now complainant is ready to finish

How long does it take to complete 377 511 pocso 7/8 case as complaintant is ready to turn hostile as it's their fault and without knowing the truth they filed FIR and now they are ready to finish the case. Since it is pocso non compoundable offence not exceptabl for settlement and compromise but in my case complaintant will turn hostile. I have question how long does it take to complete finish the case or going for quashing of FIR . Which option is most suitable

Advocate Abhinav Sharma answered
Dear client The remedy would be to file a quashing Petition before the High Court in case the complaint is willing to settle / not oppose, the High Court will consider the same.Feel free to reach out for further discussion.Regards

Q: Is wife can file multiple MC between two states ?

Hi Sir/Madam,Wife filed 498 in AP State,Immediately she Filed DVC and attached MC, Magistrate passed orders intern MC in TS state.After 1 year she filed CrPc MC in AP.How can wife can file MC case between two states?Is there a way to quash all these MC or at least the latest MC in AP ..?Please assist if there is any way to file Case in Delhi SC.your reply is really appreciated.

Advocate Abhinav Sharma answered
Dear client In case all above cases have been filed in the jurisdiction wherein your spouse is residing a transfer petition might not be allowed by the SC.Feel free to get in touch to discuss further

Q: My wife share in her father property after his demise

My father in law expired last week and now my brother in law declined to share his PAN, Adhaar and death certificates to my wife. He is living in Ancestral property (grandfather's House) and decline to give share. My father in law bought one DDA plot in rohini and he decline to give share in that. Various FD's which he declined to disclose. So my wife want's to know her right of claim

Advocate Abhinav Sharma answered
Dear client In case the demise was intestate, the assets and properties will be distributed as per Indian succession law. 1 legal heir cannot deny the right of others in any asset. Not upto him/her to do so.Feel free to get in touch to discuss further.Regards