Advocate Avnish Sharma

Questions Answered by Advocate Avnish Sharma

Q: Divorce from husband if there is no physical relationship between husband and wife

no physical relationship between husband and wife for last six month can i file a divorce case because i don't want to live with him

Advocate Avnish Sharma answered
After marriage physical relationship is essential part of successful marriage and no marriage can be successful without having healthy physical relationship so if any partner deprived other partner from this right of having physical relationship it would amount to a crulity and there are so many judgements of apex courts where Hon'ble court passed decree of divorce on the ground of crulity.

Q: Father created will and gave nothing to daughter and mother in the wr

Sir,My father created a will on 1/1 /2018 and died on 5/1/2018. I was not aware about his will. I m the only daughter and three brothers. My father wrote will in favour of sons and gave me nothing in the will even my mother has given no right in the will.According to lawa . Am i eligible for my right in the property .What should i do?

Advocate Avnish Sharma answered
if entire property of father was self earned or receiving by his father of your father and will is genuine then you can not claim your right in that property. if any of portion of property has been received by your father inheritance or property is undivided property then you have right in that property.

Q: I married a boy in Arya samaj Mandir under pressure .he has some perso

I married a boy in Arya samaj Mandir under pressure .he has some personal pictures of me with him.what remedy should I have.?now my parents want me to marry other guy..I also want this.

Advocate Avnish Sharma answered
you are admitting your self that you got married with the guy so without obtaining divorce decree from a competent judicial court you can not go for marriage with another guy. you should approach lawyer to file divorce petition and if marriage was taken place under influence or force you may also move criminal complaint against that person and demand back the pictures of yours.p

Q: Can compensation be demanded from the government

SIR/MADAM, I HAVE FACED A HEAVY LOSS DUE TO DEMONETIZATION AND GST . HAVE TO SELL OF MY MACHINERY , MY HOME AND FACTORY. CAN I DEMAND FOR COMPENSATION FROM THE GOVERNMENT ?

Advocate Avnish Sharma answered
Yes you may claim damages against any authority if you could prove that you got loss or damage due to the action or inaction of that authority however it would very difficult to prove that you got loss only due to demoneitazation.

Q: What if husband refuses to give divorce

I have been living alone for ten years.Separated since 2008.My kids are with my husband n his family.Ive lost my parents.He refuses to divorce me or give my kids.Can I get a divorce or not?

Advocate Avnish Sharma answered
It has been a long time of separation so it means your marriage has been irretrievably dead however this is not a ground to get divorce but this inference you can use as ground alongwith ground of crulity. You are not bound with the wishes of husband that he is not ready to give you a divorce you can approach court directly to get divorce.