Advocate Ashok Kumar Sharma

Questions Answered by Advocate Ashok Kumar Sharma

Q: Clarification regarding divorce on grounds of schizophrenia

Mere friend Ki shadi 4 year pehle hui thi shadi k 6 month bad vo apni wife se alg rhne lga.. Ldki ko schizophrenia ki prblm he is vjh se unke bich or family k bich kafi jgde.. Vo ldki govt job me lgi hui or vo divorce nhi dena chahti plz suggest good decision for my friend's future. Kya use patchup kr Lena chaiye

Advocate Ashok Kumar Sharma answered
Go for filing a petition under sec 12 of Hindu marriage act..also note that you should be having all medical records for her diseases and the fact of her diseases was not told to you before the marriage..

Q: Will i face a problem in getting a government job as 498a was filed

I had a divorce in 2014,my wife had filed a case on me in 2012 of bharan poshan,and also 498a fir was done but settlement was done in police station,in divorce decree it is mentioned that I have given an alimony amount of 2 lac plus all dahej and streedhan I have returned to her.but I have never asked for dahej ,which I had a written letter from my wife at time of marriage that all small assets which she had brought like sofa bed tv etc has been given by her parents to her as a token of gift.now my question is I am selected as an officer in 2018 and my police verification is about to happen. Will I face any problem.

Advocate Ashok Kumar Sharma answered
As the settlement was done in 498 a matter ..and you hv not been charged so there will be no problem with any kind of service matters and police verification..how ever while joining you should mention about this case history to your employer..

Q: How to get free legal aid for divorce case

Dear Sir/Mam How can I got free legal aid for replying a petition under Hindu marriage act 1955 section 13 1a for dissolution of marriage at Faridabad family court where petition is already filed by my spouse. as I am from district Barmer Rajasthan belongs to schedule caste.

Advocate Ashok Kumar Sharma answered
You should contact legal aid authorities placed at faridabad court..also submit your income proof as why u want free legal aid..also file a petition under 24 HM act against your wife for maintainnce in faridabad court..You can contact for further proceedings..

Q: Legal action against employer for not giving relieving letter

Dear Sir, I worked for a company as a Software trainee in Jaipur two years back(Jan 2015 - Nov 2015) for 11 months, and due to some salary issue I resigned the company without surviving notice period. After leaving that company i joined one other org(Nov 15 - current) in Jaipur only. Now again I am looking for a change and selected for one reputed software company for Mumbai location. I am on notice period with my current employer and joining next company in few days. So at the time of my potential new employer's BGV they are asking for relieving letter from my ex employer, without relieving letter they wont onboard me. So I contacted to my ex employer's HR and asked her for the same but she is denying me to give relieving letter. Even I am ready to pay for my notice period amount salary but still she is not supporting me in any way. She has just marked me as absconded from the services due to not completing exit process.Please suggest me how can I get my relieving letter after 2 year

Advocate Ashok Kumar Sharma answered
Dear As per limitation act you can raise your application with appropraie authority within 3 years of date of incident/action.in your case you can submit an application seeking relief under Industrial Dispute act before ALC Jaipur , copy marked to CLC Delhi. along with your relevant documents and current conditions also you are advised to share your employment agreement/appointment letter for further guidance..