Advocate Manendra Shyam Sharma

Questions Answered by Advocate Manendra Shyam Sharma

Q: Sex happens before promise to marry

There is a case where the girl accused boy that he promised to marry on 22nd January 2022 and evidences show that she was in the same room with the guy from 18th January 2022 to 22nd January 2022. They both had consensual sex from 18th to 22nd of January. Does this constitute a false promise to marry?

Advocate Manendra Shyam Sharma answered
yes..there is a breach of trust..between them..if the boy refuses to marry the girl..as he promised her before having sexual relationship in between that he will marry her and after having sex he refuses to fulfill his promises..

Q: Maintenance claim by wife regarding.

If husband is not able to Earn by doing job due to his health issues, and then his wife desert him, file Divorce and seek maintenance, can husband be forced to pay maintenance? Please also tell considering the above condition whether Husband will be forced to pay maintenance and her divorce seeking intention can be questioned in law of court? I am Hindu and married.

Advocate Manendra Shyam Sharma answered
Depends upon the fact and condition of your husband..according to law it is the duty and liability of each and every husband to give maintenance to his wife..whether he is earning or not . for other queries can call me..

Q: Wife not coming home and her parents putting false allegations

I am working as Nuclear Scientist with Govt and got arranged marriage done in 2018. After marriage my wife lived with me at the remote location in karnataka where I am posted presently. Her family is very backward minded. Her family has no relationship with anyone. Her mom doesnt allows even her grandparents and paternal relatives to enter home. Now they expect same thing from me. Since the delivery of my Son in 2020, They are forcing me to leave my parents for which I blatantly refused and told them this will never happen. When I went to take her home in march 2021 she refused to come home and whole family started abusing me. They told me to go and die it would not matter to her. They thrown me out of their home in Meerut. I then stopped her finances completely. Now they are threatening me an my family, Abusing us with unparliamentary language of lowest level. Even threatening my mother. They are threatening me of Dowry, Adultry, Domestic Violence and what not. What to do now

Advocate Manendra Shyam Sharma answered
before they file a complaint or any suit against you bro..you should file an fir against your relative..as because you are thinking that they will abuse you..which will create complications for you and your family.. for further queries..feel free to call me..

Q: Wife demanding divorce settlement by mutual consent after 3 yrs of DV

Dear Sir/Madam, Thanks in advance for going thru matter and advicing us. My wife ran away with her parents to her native place in 2019 and after 3 months she filed FIR mentioning 498A, 406,354 on me and my parents. Now since then matter is in session court and none of the time neither face to face hearing/discussion is done nor even mediation is done/granted by court. Now my wife wants to settle and happily finish off this relation. Sir/madam, I need an advice as to what next to be done as criminal cases on us already in progress and we are appearing in court whereas other party don't appear as they can't face trial due to lack of evidences but i have many proofs. As per my understanding can we tell them to withdraw case, quash fir and then we can go for mutual consent. Pls share kind advice. Thanks once again. Rgds jagdish 9870190856

Advocate Manendra Shyam Sharma answered
yes you can do so.. but it depends on the condition , as they have already filled a suit against you of domestic violence etc..but as per your wording they have lack of evidence..this states a positive effect on your case..can call me for further assistance..

Q: Gifting a property to son by father without will

Can a father gift immovable property to his son without will

Advocate Manendra Shyam Sharma answered
yes, a father is capable of doing so, he can gift his movable or immovable property to any one whom he likes or prefer him for that..If there is any other issue regarding this..feel free to call me..