Advocate Asma Shaikh

Questions Answered by Advocate Asma Shaikh (25+ answers)

Q: I want advise for my sister situation, she is mentally toucher by husb

I want advise. my sister weeding was in 2014. after 4 years she suffers some mental issues in her husband house. her husband not ready to take care of her. they left her in her father home. she has child of 8 years old. her husband has oldest yelder father and yelder mother and his parents with him. he is farmer. he has two hekter land. how deal with this situation. They not ready to provide any support.

Advocate Asma Shaikh answered
hello,Your sister and her child have strong legal rights, even if she is suffering from mental health issues. Her husband cannot abandon her and escape responsibility. Right to Maintenance (Financial Support)Under Section 125 of the Criminal Procedure Code (CrPC), a husband is legally bound to provide maintenance to his wife and minor child.Mental illness does not take away her right to maintenance.Even if she is living at her father’s house, the husband must pay monthly maintenance.His income as a farmer and ownership of land will be considered by the court.

Q: Solution to get married to Filipino without annulment in india

I am in long distance relationship with Filipino from phillipines she is separated and her husband is absconding from past 5yrs and there is no law of divorce except annulment which is very expensive and it takes years I want to get married to her in india how could I go about without having an annulment

Advocate Asma Shaikh answered
hello,, You cannot legally marry her in India unless her first marriage is legally dissolved under the law applicable to her (i.e., Philippine law). Mere separation or the husband absconding does not make her free to remarry.Under the laws of the Philippines, divorce is generally not permitted (except for Muslims).If she is legally married and only separated, she is still considered married.Indian marriage laws (Special Marriage Act / Hindu Marriage Act) require that both parties must be unmarried at the time of marriage.Even if the marriage is registered in India, it will be void/illegal, and you may face criminal consequences (bigamy-related issues).

Q: Legal advice for withdraw Complaint No.743289

Mujhe ek kaanooni Salah ki zarurat hai.Mene Punjab police me online shikayt ki thi or shikayt ab wapis leni hai.Kya aap is tarah k maamlo ko handle krte hai?Aapki fees kitni hai?

Advocate Asma Shaikh answered
hello,,mai aapki her legal matters me madad kar sakte hai,or fees case ko jannekebad hi bata sakte hai ,first aapko online complaint ki full details batani hongi,,uske bad hi aapko kuch bata sakte hai is case me

Q: Marriage Registration in Mumbai if the wedding happened in Shimla?

Hi. Me and my now wife got married in Shimla. We are both Hindu. My permanent address is Ambala while my wife's is Nashik. But we both stay in Mumbai for work. We have a valid Leave and License agreement for a rental flat here. We don't have any electricity bill or gas bills under our names since we live on rent. Can I register my marriage in Mumbai?

Advocate Asma Shaikh answered
hello, you are both Hindu then you marriage is under Hindu marriage act,1955you can register your marriage under Hindu marriage act 1955 in Mumbai,leave and license agreementof rental flat is sufficient

Q: not supporting and harassing mentally. using bad word

mother in law not supporting in house hold expenses, I'm a widow and having two daughters, they are studying . i am getting minimum salary , surviving cur to cut expenses

Advocate Asma Shaikh answered
hello,The widow and children are residing in a joint family property, orThe mother-in-law is in possession of or enjoying the property/income of the deceased son, orThe property is ancestral or jointly inherited, and the widow and children have a legal share in it.If the deceased husband has left behind property, pension, PF, gratuity, insurance or any other estate, the widow and daughters have a legal right to claim their share and maintenance from such estate.