Advocate Anuj Sawhney

Questions Answered by Advocate Anuj Sawhney (25+ answers)

Q: How to calculate monthly maintenance in a divorce case

1)My husband's salary is 80,000 per month(take home salary after tax deductions) and he has taken home loan of 30,000 per month.How much maintenance can I Get?Married since 1 year..no child.I have done mba.Not doing Job 2)I have filed dowry case in police station..but police is favouring husband,not filing FIR.six months are over but no action till yet.What i should do if police gives wrong report against me. 3)Can I do any case if my husband tortures me and made my videos .I have 3-4 videos recorded by him,He took me to the pub and made me drink and then made videos and now blaming she is a drunkard and want to leave her.I have many prrofs that he took me to the pub. and it cleary shows that he made video.Is there any case for this?

Advocate Anuj Sawhney answered
Firstly you have not disclosed ur financial status whether it employed or not . Grant of maintenance depends upon financial status . If ur not earning u will surely get maintenance from the court .If police authorities is not listening to you u have the remedy to approach court under domestic violence act If u have occasionally drink in a pub thats not big deal . You can also get maintenance under 125 crpc Dv Act and also under Hindu Marriage Act .

Q: Can wife file another case inbetween the two hearing of present case

I file a petition of sec.9 against my wife .but the hearing date by mistake is next month. So my question is can next party file a case in between the first hearing of my case?

Advocate Anuj Sawhney answered
Yes she can file as many cases as she desires . There is no bar in filing fresh cases in between period .she is having liberty to file fresh cases and does not require to take leave of court prior to filing of cases

Q: What can I do to get the dates of examination changed

hello sir/maam i am a postgraduate and have applied for jkpsc kas and ssc cgl.unfortunately jkpsc was delayed due to Kashmir unrest .I cleared ssc cgl ...kas prelims and ssc last stage is on 19 march ...i cnt miss ssc cgl...though ssc is centre exam the dates are finalized much before..i wish to apply for kas bt cant as i hv my ssc exam....i pleaded psc but they said they cant change ...we are hundreds in no ...kindly suggest what to do psc should have confirmed other commission before fianlizing thanks

Advocate Anuj Sawhney answered
As from your message that u r hundreds and u have already represented public service commission for change of date of exam but they have refused in that eventuality u have already one remedy left to knock the door of honble high court of Jammu and Kashmir by way of writ petition.

Q: What is the procedure for court marriage

I am hindu hindu boy age 27+ want to marry a hindu girl age 20+ we are in relation and want to marry but girls parents are against our relation and marriage but we want to do court marriage secretly so please tell us the legal formality for the same in jammu city as we are not aware of any legal procedure .also tell us all the things after court marriage like how much time we have to hide this thing from society and in case parents we will get to know and our security in case girls parents will rstill remains against us after knowing this

Advocate Anuj Sawhney answered
As you both have attained majority and are legally entitled to choose your life partner .You can register your marriage agreement before competent authority and than perform marriage ceremony in Arya Samaj and on the basis of marriage agreement and Arya Samaj certificate you can approach hon'ble High Court under writ jurisdiction for your protection.

Q: Brother's are not giving share in parents property. what can be done?

We are 2 brothers and 1 sister all are marred But my question is My brother don't given me a proper share in over living home what can i do

Advocate Anuj Sawhney answered
As per ur query u have not mentioned about the details of property whether property is ancestral or self acquired .Secondly property stands in whose name and whose possession . Kindly give all details forproper answer/ suggestion Assuming said property is in name of parents all the children have equal right/share in property