Advocate Akshay Sharma

Questions Answered by Advocate Akshay Sharma

Q: Aapsi samjhota se divorce 13 b

Meri shaadi ko 11 saal ho gaye hai mei aapsi samjhota se divorce chahti hu phone call par husband k father ne bola hai ki hum tayar hai divorce k liye tum kar do is baat ki mere paas call recording bhi hai kiya mujhe aapsi samjhota se divorce mil jayega kiya mei court mei divorce file kar du...

Advocate Akshay Sharma answered
In terms of Section 13B of Hindu Marriage Act for mutual divorce both the husband and wife have to jointly move an application before the concerned District Court. A six months cooling of period is granted in between first and the second motion to explore the possibility if the things works out in between the couple and they agree to live together. If the things does not work out in between the couple even thereafter both the parties have to jointly move a second motion and once the same is allowed the parties are granted divorce by way of mutual consent. For moving a joint application for mutual divorce both the husband and wife have to show that they have been living separately since past 1 year as on the date of filing of the application for mutual divorce. For further guidance feel free to contact me.

Q: Marpit karte he dahej magte he

Meeri bhen rinki ke sadi 1sal pehele hue thi sadi bade se he marpti karte he dahej magte he ke here he ki yha se nikal jao hum talak chahte he kai bar dahej de chuke sadi me 20lack karcha kiya tha abhi bhi magte hai ot preshan karte he

Advocate Akshay Sharma answered
It is advised that you apply for divorce on the ground of cruelty, dowry demand etc. The divorce proceeding is to be filed under the provisions of Hindu Marriage Act. Similarly you can also file an appropriate proceedings claiming maintenance from the husband. I would require further details for giving appropriate advice feel free to contact me.

Q: False promises of marriage section used to take revenge

Lady (40 years old mother of two children)Filed case of rape on pretext of marriage by showing incident of 3 years ago in month of January But how to prove she was lieing about promise of marriage just to take revenge

Advocate Akshay Sharma answered
If both of you are major and even if you were in live-in relationship women at a later stage cannot file a case against you of her rape on the false pretext of marriage. You can apply for a bail and in all probability you will get the same. In case you have some personal chats, text etc with her it can also come to your aid.

Q: Partial theft of luggage by movers and packers

I booked my luggage from sonipat to manipal Karnataka.. but Delhi based movers packers did not delivered my tv and cycle. They are not picking phones now

Advocate Akshay Sharma answered
You have to file a consumer complaint against the concerned movers and packers. Concerned employees of the movers and packers have indulged themselves into an unfair trade practice and are also liable for the deficiency in service. As the movers and packers are based at Delhi you are advised to file the complaint before the consumer forum having its territorial jurisdiction over the locality where the office of said movers and packers is situated. For further guidance feel free to contact me.

Q: Family Court Judge Given Order In Maintenance Case, Now Should I do

My wife filed crpc 125 where court give order in her favour of rs. 20000 because i m not my appearing in the court, while i have income of rs. 40000 per month, can i file apeal against the order, on the other hand district court order section 9 ex party and ex party divorce in my favor.

Advocate Akshay Sharma answered
If Rs. 20,000/- is awarded as an interim maintenance you can go for recall of ex-parte order passed in the proceeding under section 125 crpc. In alternate you can also file a revision before the high court. You can prove your income by way on an affidavit. For further advice feel free to get in touch with me.