Advocate Daman Sharma

Questions Answered by Advocate Daman Sharma (25+ answers)

Q: Boy divorce case as member from girl side are not willing to talk

Two years ago , after normal argument between boy and girl, girls parent taken her girl to there home leaving the boy alone.No one (i.e parents ) is involved from boy side in any argument , but girl side is completely involved and continued to harass the boy for two years.Both girl and boy is living in gurgaon, and boys parent are 250KM far away (i.e yamunanagar ) and girl family residing only 10 KM away in gurgoan itself.Now even after 2 years they are not willing to talk , or send girl.

Advocate Daman Sharma answered
You can file for Restitution of Conjugal rights under section 9 of HMA. This sometimes work in the husbands favour as this shows genuine intentions to maintain the relationship. Otherwise this can become a ground for divorce if the family/girl still does not want to settle and give it another chance.

Q: Maintenance to earning wife under section 125

My salary is Rs 65000/ monthly . 1 minor child and wife staying separately, divorce case ongoing. Already paying 15 K as maintenance as per court orders in DV case to minor child. Wife is earning 4 times high salary 2,50,000/ monthly. My total bank deposit is approx 1.1 cr and wife's bank depot should be 1.5 cr. After 19 yrs of employed my wife got fired from job 30 days back . will court order further maintaiance as a new case filed in 125 crpc. Wife staying on rent and I stay at parents house

Advocate Daman Sharma answered
When she files the new maintenance petition under 125 CrPC, she'll have a legitimate claim that her financial situation has deteriorated. Job loss + paying rent = genuine hardship. The court will likely look sympathetically at her claim. When the 125 CrPC case comes up, have documentation ready her employment letter, termination date, bank statements showing her savings. Argue she has liquid funds and her sudden unemployment doesn't justify bleeding you dry when you're living at your parents' house.

Q: Possible Conflict of Interest & Bailable warrant Issued in 498A Case

It has come to my knowledge that my lawyer, Amit Chaudhary, is associated with the opposition party. Additionally, in my sister’s case under Section 498A, a bailable warrant has been issued. Kindly advise on the appropriate legal steps to be taken in this matter

Advocate Daman Sharma answered
You need to be more specific about your query. In the reference to your advocate you can change the advocate at any point of time if you are not happy with your counsel. In your sister’s case you have to provide more details as to what is the stage of the complaint.