Advocate Ashima Pury

Questions Answered by Advocate Ashima Pury

Q: How to ensure minimum Mantainenace to wife

Me and my wife are separated (without divorce) from 1 year. We have a daughter who is with my wife (both Hindu). My wife is well educated (MTech) and currently working in private company earning good salary (contract job). 1. I feel that my wife will file maintanence case. How can I keep maintanence minimum or completely avoid? 2. By any means, can I get the salary slips of my wife? She is working for a private company as a contract employee, but earning good salary. 3. Whether any kind of RTI will help, like RTI to tax department etc? Can I get form 26 i.e. salary and tax proof of my wife?

Advocate Ashima Pury answered
You can keep maintenance to minimum be taking plea that your wife is earning but that doesn't mean that she cannot still claim maintenance for your daughter from you. And no you cannot get salary of a govt servant disclosed by RTI as it is personal information. For further details contact me. Regards Adv Pury

Q: Can a step son get share in my property

hlw sir,,,can my step sons have right to get their share which my husband has taken by my name? please suggest me in view of law point.

Advocate Ashima Pury answered
Madam, If the property is in your name evwn if your husband has brought it in your name. You can dispose off the properry during your lifetime to anyone by sale or gift or even make a will of it and give to anyone. Your stepsons will only have a share in your property if you have adopted them legally and you die without a Will. Otherwise you are free to give to anyone. Remember- A PROPERTY IN A WOMAN'S NAME IS HER ABSOLUTE PROPERTY. For further details contact me. Regards, Adv. Pury

Q: What is the procedure of name change

I want to change my name. I live in Bulandshahr (UP). I have graduated from Panjab University in engineering. Do I have to change my name in all documents like 10th , 12th marksheet, B.E. degree in order to change my name in future institutes like company etc. Or giving an affidavit and a newspaper report would be enough?

Advocate Ashima Pury answered
sir Once you change your name in the future you would have to change the name in all your documents including your 10th 12th and University marksheet which can be done with the help of the newspaper clipping and affidavit. Regards, Adv Pury

Q: What to do if having differences with my wife

Me and my wife (both Hindu) had some dispute and now living sparate. My wife filed a domestic violence against me which is now ended. My lawyer suggests to file Section 9 (RCR) to remain safe from other false accusations. He also suggests that it is possible to restrict the notices to the wife i.e. case will be registered, but the notice will not be sent to wife. Even after one-two hearings, the notices can be restricted. 1. If the RCR is filed by me against my wife, whether the notice will "compulsarily" be sent by the court to the wife? 2. All such notices sent/not sent are recorded in case file by the court? 3. How can I restrict the notice to wife i.e. wife should not receive notice? Will it be through legal ways? 4. What are the benefits of restricting notice to wife (not sending notice to wife)? 5. What are the positives of sendig notice to wife (Its difficult to live with wife and I really dont want to bring her back. Just want to remain safe from "false" allegations)

Advocate Ashima Pury answered
Sir, RCR is just a delay tactics and the notice from Court shall be sent to her on institution of the case. There may be ways to stall it but they aren't legal. If you don't wish to stay with her you may file directly for a divorce under corresponding ground under sec 13 of HMA. The RCR will only help you is that if your wife doesn't cohabit with you then it turns as a ground for divorce after a year. Regards Adv. Pury

Q: What is the remedy of defence against false allegation of dowry

My wife and I have been married for 9 months now and she is putting false allegation of domestic violence and dowry on her mother in law. The allegation is false and I need to know what legal defence or remedy do I have to counter the allegation.

Advocate Ashima Pury answered
Sir, You need not worry as a case for dowry needs to be duly substantiated to attract any punishment against the Mother in Law. You can approach the High Court for quashing of FIR if the case is false. Regards, Adv. Pury