Advocate Bharat Aseri

Questions Answered by Advocate Bharat Aseri

Q: False allegations of wife being a psycho filed as ground for divorce

Hi.. Mere husband mere se divorce lena chah rha hai.. uske liye usne nakali certificat banwaya hai mera pyscho hone ka.. usne mujhe fasa diya sab jagh se pyscho bolta hai aur ladko ke sath galat relatione boltaa hai facebook ka miss use bhi kiya mere phone se .. aur court me chat k screenshot de diye ab mai kya karu sir

Advocate Bharat Aseri answered
Hello I can only suggest you because of your husband really don't want to stay anymore so there is procedure for Mutual divorce is the best , convenient and expeditious mode to dissolve the marriage. However for this consent of both the spouses is required, if one of them refuses to go for it then filing contested suit for divorce remains only mode to break the marriage, Such divorce suit takes lot of time, Without divorce you can not marry another.Hence talk to him and convince him to give mutual divorce. Else a long road for legal battle is awaiting you.

Q: Remedy for terminating the service before expiration of notice period

I have given resignation on 31st of December 2015 on company system and it has automaticly taken the relieving date after 30 days that is 29th of January but I was forced to take immidate relieving but I did not and they terminated me on 8th of January and still after two years I could not get the job because of this issue. so please let me know if there is any law that given me justice

Advocate Bharat Aseri answered
Yes there is remedy but why you waited for two years, you have legal right to asked reasons for termination forcefully which was before expiration of notice period, you should sue against concern company.

Q: Can I rejoin a government post once I have resigned

Can I rejoin a government post once I have resigned

Advocate Bharat Aseri answered
Yes why not but you must remember once an employee resigns from his job and his resignation is accepted, then the relationship between that employee and such government sector come to an end. Thus he/she has no right or lien on the job. however, if he/she is eligible and fresh recruitment process is starts, he/she can appears and can be appointed afresh only.

Q: Can a woman claim alimony at the time of Annulment?

My marriage has completed 8 months and I was falsely cheated into this marriage. After marriage i realized that the boy is of unsound mind. i have only stayed with him for one month. what are my legal options? can i go for separation or annulment. am i also entitled to any alimony since my life has been wasted now.

Advocate Bharat Aseri answered
Yes you should ask for the divorce on account of after marriage you realized that the boy is of unsound mind which was hidden from you at the time of marriage.  You can file a complaint under 498A and domestic violence asking relief of maintenance, residence order etc.  However see the chances of an amicable settlement and ask him for one time alimony. File for mutual consent divorce. The amount can be asked according to his affordability and his willingness to pay to save his skin and dignity from the allegations of impotency and history of treatment of his mental illness.  To go ahead with a mutual consent divorce is the best thing can happen in your case, provided that he agrees to pay you an alimony which you ask for.  There is no quantumn of alimony can fixed for if you are not mutually agreeable to it. As such no court orders an alimony on its on based on any criteria without applying and fighting for it. In mutual consent divorce parties mutually decide on an amount of alimony to settle their dispute and file the divorce joint petition.  The alimony is the monthly subsistence allowance given to wife, if she cannot maintain herself after the divorce.  once the divorce is ordered a wife can file for permanent alimony that which she can asked on the basis of her husband's income, this is asked and ordered on the monthly basis and if parties prefer it they can settle it as onetime payment of alimony.  This also means that after the divorce a wife has to be maintained as per the living standard of her husband. If a wife is earning and capable of maintaining her standard of living like when she was with her husband, her claims of maintenance/ alimony generally defended by the other party, Take the help of an advocate and initiate the proceedings, if needed send a legal notice, calling up on him to discuss the terms of the MCD, proceed further with a settlement to file the MCD.

Q: Can i claim share on my grandfather's property if he is still alive

My grand father is alive, and recently he sold a property. Can i claim my share in his self aquired property? 

Advocate Bharat Aseri answered
No, legally you cannot claim directly for in his self acquired property but Yes, its possible only in that case if there is no Grand father Son's and Daughter's alive. so there is need to understand the actual facts and related documents of this issues.