Advocate Amresh Sharma

Questions Answered by Advocate Amresh Sharma

Q: Will I have to pay alimony if divorce is on the grounds of nullity

there is no alimony required if divorce is taken on the grounds of nullity...is that true?

Advocate Amresh Sharma answered
There is no alimony if u r seeking nullity of marriage as u say that the consent obtain is by fraud ,suppression etc hence within one ye areof filing of petionu seek nullity hence not divorce and no alimony

Q: Procedure to file for divorce on ground of husband having an affair

hi my husband is having many extra marital affair with many ladies , he also admitted to me the same also promised me and given me in written in 3 times that he will not repeat again but no change he is same doing, cheating me , now he started abusing me also raising hand on me. i have done Police NC and also sent him legal notice for mutual divorce , but now he is saying, give me one more chance , he is not ready to give me divorce . we have 2 children 1.5 boy and 4 yr girl. i m fed up with his harassment life , children are also suffering bcoz of this unhealthy atmosphere of domestic violence at home , i want to come out of this with my children. i m hindu regards

Advocate Amresh Sharma answered
You have a reason to seek legal separation as well as maintainance from your husband and separate residence .See if he improves or else file petition for divorce as staying with him will be if no use as he shall improve only after he becomes old

Q: How to take custody of my sisters child after her death

Wanted to know can I take my sister child custody from my jija as my sister is no more from last 2.5 years and her daughter is only 3.5years. My jija does not take proper care of her and now he is married he keep her daughter to village to his mom's place and he and his wife is in Mumbai Please advise

Advocate Amresh Sharma answered
Father being natural guardian it is difficult but if u can make out a case to show that the girl is neglected and her future with her father is uncertain and bad where as u can convince the court that u can take care of the girl with access to her father ,you will get custody further you have to show and ask court to declare you as guardian and you shall undertake to send the girl to best of the school and give best education as upbringing ,without any return and that u under take to provide security to her in form of fixed deposit ,the court shall have no heistation to give u custody

Q: Remedy to register marriage involving sapinda relationship

Respected sir, My question to your respected pannel is I married to girl in last week she is my cousin daughter i.e (Her father's grandfather and my grandfather is brother) We are in relation for long time but due to somereason we have decided to marry. But our society doesn't accept this marriage as we are Hindu. And in Hindu marriage act this is unacceptable. And similarly our family is also not ready to accept the realation. Right now she is in her own house. And my family forced me in front of her to leave her and to divorce. For God sake we really love each other from heart and we don't want separate it.. And my humble request to you please give me valuable suggestions to my future life regarding my marriage.. Please kindly note.. Thanking you

Advocate Amresh Sharma answered
You are trying to do something which is morally wrong ,do you know why sapinda relationship are prohibited,because the offspring out of same genetic DNA gives defective product .Secondly morally if brother sister marry each other than the brother of your wife can have first claim over his sister and if such relations are allowed then brother sister will be no more brother sister and hence for heaven sake do not indulge into such relations other wise your own son and daughter will have intercouse before you and you shameless will have no morality to stop them

Q: Legal action against boyfriend for cheating

hiii i have bf and he promise me that he will marry me but now i know that he has cheated me he have another gf form 3 years and then he was in relationship with me for 6 years and also he slept with me saying that he will marry me so what cases i should do on him and what punishment he will get

Advocate Amresh Sharma answered
Look if he made sex with you by saying that he would marry you and hence you should have sex with him before marriage then definitely he has cheated you and for which you have to file case under section. 376 of IPC saying that he made forceful sex with you and said that he would marry you and every time he used to forcefully ha e sex against your wishes and consent and since he said he would marry me you did not file police complaint but now that he has ruined your life uand refuses to marry you and hence his forcefully sex was offence with you .register complaint u/s 376 of IPC