Advocate Anmol Sharma

Questions Answered by Advocate Anmol Sharma

Q: Ragarding dowary and domestic violence

Sir meri wife ne dahej aur domestic violence ki complaint kar rakhi hai FIR ho chuki 10 lakh ka usne personal loan liya tha jo meri help ke liye mere ko diya tha baad me disbute hua hmara 1 year bad usne usko dahej aur jabardasti loan Bta diya vo meri wife Haryana police me hai aur kafi fake aligation lga rakhe hain uske dwara

Advocate Anmol Sharma answered
Aapki query ke mutabik, agar ₹10 lakh ka personal loan aapki wife ne apni marzi se liya tha aur baad mein aapko financial help ke taur par diya tha, to is transaction se related documentary evidence bahut important hoga.Aapko loan documents, bank statements, UPI/transaction records, chats, emails aur koi bhi communication preserve karni chahiye jo ye establish kare ki amount voluntarily diya gaya tha aur dahej ya zabardasti ka matter nahi tha.FIR mein agar false ya exaggerated allegations lagaye gaye hain, to FIR ki copy aur available evidence ke basis par appropriate legal remedy, including bail/protection and, facts ke according, quashing/discharge/defence proceedings, consider ki ja sakti hain.Aap FIR ki copy, sections, loan documents aur relevant bank/chat records share kar dijiye. In documents ko dekhne ke baad hi exact legal strategy batayi ja sakti hai.

Q: Pls provide me a legal advice in the below mentioned details.

Someone has raped me on false promise of employment...and reset my phone.and he proved in the court days was consentual relationship..later on he threat me ...and I don't have any evidence as my phone was reset by him.in my fir sc st act was applied.but still he got interim relief...pls help me

Advocate Anmol Sharma answered
I’m sorry you are going through this. The fact that the accused is claiming a consensual relationship or has obtained interim relief does not automatically end your case. We can examine the FIR, court orders, medical/forensic record, call/chat records, and the circumstances in which your phone was reset. The threats made afterward are also important and should be properly documented and reported. Please share the FIR and the latest interim-relief order so I can advise you regarding the appropriate legal remedy, including opposing/cancelling the relief and protecting you from further threats.

Q: Divorce case between my mother and father and from one court bind my m

In another court my mother expense have not bind yet

Advocate Anmol Sharma answered
Thank you for your query.If the Court has not yet passed an order regarding your mother's litigation expenses (interim maintenance/litigation expenses), we can bring this to the Court's attention and request an early hearing on the pending application. If the application has been pending for an unreasonable period, we may also pray for its expeditious disposal.Please share the following details:1. Which Court is the matter pending before?2. Under which Act/Section has the case been filed?3. On which date was the application for litigation expenses filed?4. What is the next date of hearing?After reviewing these details, I can advise you on the most appropriate legal course of action and the steps to ensure that your mother's application is decided at the earliest.

Q: time taken to issue an final Ex Parte Divorce. Also when can I remarry

Hello Sir, We have filed for a divorce in the family court since dec 2024, my husband side didnt attend a single hearing till date. 3 times the case went into argument mode. as the judge was in leave, they gave next date which always is after 2 months of gap. now again the judge changed and again next date is 2 months a head .. Now total 3-4 times argument stage is gong on, how much time does it take to complete and give the order & to close the case. when can i remarry after getting the decree.

Advocate Anmol Sharma answered
Based on the facts shared, if your husband has repeatedly failed to appear despite being duly served, the Family Court may proceed ex parte against him. Once the evidence has been completed and the matter is listed for final arguments, the Court generally reserves the matter for judgment. However, the exact timeline depends on the Court's workload, the Presiding Judge, and administrative factors such as transfers or change of judges. Unfortunately, adjournments due to the Judge being on leave or transfer can delay the matter even when it has reached the argument stage.If the matter is already at the stage of final arguments, your advocate may request the Court for an early hearing or oppose unnecessary adjournments. In many cases, once final arguments are concluded, the judgment may be pronounced within a few weeks, though it can sometimes take longer depending on the Court.Regarding remarriage, you should not remarry immediately after the divorce decree is passed. It is advisable to wait until the statutory period for filing an appeal has expired or, if an appeal is filed, until it is finally decided. Remarrying before the expiry of the appeal period may lead to avoidable legal complications.For more specific guidance, it would be helpful to know:1. Whether this is a mutual consent divorce or a contested divorce.2. Whether your husband has been duly served with summons.3. Which Family Court is hearing the matter and the next date of hearing.After reviewing these details, I can provide more precise advice regarding the expected timeline and the appropriate stage for remarriage.

Q: Serving RCR to NRI status husband

My husband works on a cruise on contract basis, does an 8 month contract then returns for 2 months vacation, then goes again on new contract. So by that status he is NRI. How much would it cost me to file RCR and its service to him in Faridabad?

Advocate Anmol Sharma answered
Thank you for sharing your query.Based on the facts provided, your husband works on a cruise ship under fixed-term contracts and returns to India between contracts. Merely working abroad on a contractual basis does not automatically determine his legal status as an NRI for the purpose of matrimonial proceedings. The maintainability of a petition for Restitution of Conjugal Rights (RCR) depends primarily on the facts of your marriage, the place where you last resided together, and the jurisdiction of the Family Court.If your marriage was solemnized in India or you both last lived together in Faridabad, an RCR petition can generally be filed before the competent Family Court at Faridabad, subject to the facts of your case.As regards service of summons, if your husband is presently abroad, the Court may direct service through the appropriate legal mode, including his overseas residential address, employer details (where relevant), email, WhatsApp, or any other mode permitted by the Court, depending on the circumstances. The time required for service may vary if he is outside India.