Advocate Arun Sharma

Questions Answered by Advocate Arun Sharma

Q: Divorce filed by husband and false 498a complaint by wife

from Ludhiana. My wife living separately from me for more than 3 years. She lived with me for just 11 months after marriage. During these 11 months her behavior was very cruel to me. In 2017 I filed divorce petition on ground of desertion and cruelty. Then after this my wife filed false 498a and 323 against me. She also filed 125 and 24 sections. I was called upon by Women cell and Mediation center. They did inquiry ans girl's complaint was proven wrong. Then she moved to high court to re inquire the matter and basically trying to lodge FIR against me. She also filed section 9 against me. Please let me know what should I do and can I get the Divorce in these circumstances?

Advocate Arun Sharma answered
You have filed the divorce case against your wife on the grounds of desertion and cruelty. If you want to filefirst of all the period for the ground of desertion is seven years. There are specific grounds on which you can file the divorce petition under cruelty. You will have to prove the cruelty done to you by your wife. If you prove then court can grant you the decree of divorce.

Q: What is the meaning of contested decreed in a case

i am plantiff in a suite against bank in a property case where someone has forged with the property papers, in posession with me, to take the bank loan the status is case disposed nature of disposal : contested-decred with costs what does it means

Advocate Arun Sharma answered
Generally it is the procedure of filling civil suit that when civil suit is filled then the summons are issued to the second party I.e.defendant. if the second party does not appear despite the service of notice then the court proceeds ex party against the defendant and suit is decreed as ex party in favour of the plaintiff. And if the second party appears and contests the case then it is called a contested case or contested decree

Q: Share of mother over money claimed in accidental death of son

agr husband ki death accident se ho jaye,or accident claim case mein wife or child ke ilawa moyther ko kitna share milta hai

Advocate Arun Sharma answered
If a person dies in a motor accident, a petition for claim is filed in Motor Accident Claim Tribunal by the Legal heirs of the deceased. Whether you have made them applicant or not. In your case mother is legal heir of the deceased and she has equal right into the claim amount being class one legal heir

Q: Clarification on getting dismissal of stay order over property

Service which was under name of brother mother, me bt now its fully in my name.. Bt it was occupied by my nephew, without our knowldge they rented a part of it to his friend... Now that friend has filed acase against him and me sevond party and got issued astayorder.... Nephew s r now Exparte, bt juddge for the 3months is jst pushing the thn with date... Last he kept the argument and said judgement will be given next date bt again he gave date... Saying Evidence and Apperance... What exactly is going on, as we dont stay here and fr mnth v r being given short dt

Advocate Arun Sharma answered
The property of which you are the owner, and if it was occupied by your nephew was illegal. He was a trespasser in that property. He was not having any right to lend it on rent to any person. The concerned court is giving you short dates as the stay application has to be decided within 30 days

Q: Waiting period for mutual consent divorce whether mandatory

I want to know waiting period of six months on mutual consent is mandatory or not?

Advocate Arun Sharma answered
A divorce petition is filed under section 13-b of HMAre and period of six months is mandatory period. But in a judgement by Hon'ble SC It waived the mandatory period of six months on the ground and that one party to the petition was to go abroad for settlements. Otherwise no waiving of mandatory period