Advocate Karishma

Questions Answered by Advocate Karishma (50+ answers)

Q: cross examine of IO pre-framing of charges in 498a case

Io without any investigation filed the chargesheet , he did not move out of police station just collected marriage photos and filed the chargesheet. is it possible to cross examine of IO pre-framing of charges in 498a case to bring in front of court it is a faulty report

Advocate Karishma answered
A chargesheet can be filed only after a fair, complete, and proper investigation by the Investigating Officer. Investigation must be carried out in accordance with law, ensuring that evidence is collected, witnesses are examined, and relevant documents or materials are seized. The purpose is to ascertain the truth and to determine whether there is sufficient material to proceed against the accused.

Q: Cr. Case - CRIMINAL CASE 21984/2019 08-08-2019 4941/2019 08-08-2019 DL

Mujhko apne husband se alag rehte hue 7 saal se jyada ho chuke Hain. Mere pass pickle 10 saal se koi job nahi hai Lekin bitiya mere Saath rehte hai jo abhi school me in hai. Mujhko apne pati se judicial separation chahiye aur bachche ki paravarish ke Liye apne pati ki aadhi income chahiye kyunki wo pickle 10 saal se naukari kar Rahe Hain. Mujhko unko koi divorce nahi dena.

Advocate Karishma answered
Under Indian law, the husband/father has a legal obligation to provide maintenance to his wife and children who are unable to maintain themselves. The purpose of maintenance is to ensure that the wife and child are provided with basic necessities such as food, clothing, shelter, education, and medical expenses.

Q: File for divorce due to menal harrasment

My husband has kept all my gold as loan in muthoot since 3 years , is emotionally unavailable and controls finances. He seems to be least interested in maintining this marriage and i want to know my rights as i am dependent on him under hindu marriage act

Advocate Karishma answered
There are relieves available in your case you can file a petition against him you may get two three relieves and court will also direct your husband for the same. You will get your answer by filing such petition whether he wants to live with you or not and in both cases he is liable to maintain you.

Q: I want to check where can i file divorce and what documentation is req

I got married in 2020, the ceremony and marriage registration happened in Vadodra, Gujarat. Both of us were based out of Bengaluru. However, after approximately 1 year of marriage we separated due to certain irreconcilable issues. I have now been residing in Delhi for last 3 years. We are now ready for a mutual divorce. I want to check if I can file for divorce in Delhi? & what documentation would be required.

Advocate Karishma answered
Yes sir as a residential place you can file divorce in delhi. The process involves filing a joint petition in the family court, giving statements (first motion), waiting six months (cooling-off, which can sometimes be waived), and then appearing again for the second motion. If both still consent, the court grants the divorce decree, usually taking 6–18 months, or less if waiver is allowed.

Q: Undivided Land In Village With Property Dispute

So I am kartik, live in delhi with my mother and little brother. My father passed away in 2020 , my village is in UP , my father along with his two big brothers ( my uncles) have joint property in 7 plots under one khata so in every 7 plots there is 3 co owners my father, and my two uncles but after my father death his share or land has mutated to me,my mother and my little brother so now we own 1/3 of land... we want to sell our land or share of land 33% but after my father death our uncles have not supported us and doesn't want to sell us our share of land and even threatened us to not come village and we have been living in delhi from so long and in that land of 7 plots 3 plots are on other side and 4 on different side my uncles have made their houses on their part of land and in our one house with boundary has left maden and in other plots they are left.. all land is undivided I am confused I don't have money or time and also lives in delhi I want to sell how any suggestions

Advocate Karishma answered
As the absolute owner of the joint property you have got your share of your father as proper owner you have absolute right to enjoy the property, sell the property, gift the property or even destroy the property, no other person unless they have interest in you property can prevent you from doing so.