Advocate Manish Sharma

Questions Answered by Advocate Manish Sharma

Q: Rights of wife after divorce in respect to money

My mom is 49 yrs.old now and I have grown up into a 21 yr old girl. Still my dad has not stopped fighting and raising hand on my mom. He intentionally irritates my mom and abuses her and now that she has started giving a reply coz she has self respect too and can't bear my father's nonsense anymore, he calls in the middle of the night continuously until we don't pick up the phone to hear his black mails which are like - ' goli maardunga, Teri maa ko kaatdunga, etc. A language which nobody can take on and especially when you are no wrong , this is where my dad's who get hurt and he starts abusing vulgarly and starts shouting like hell. The situation has gone to an intolerance that we pray wishing when will my dad die. He has not let us grown happily , he has put the bricks of favours on her head . My mom dad will be divorced . So want to know what rights she has in subject of money? And what are mine?

Advocate Manish Sharma answered
You should file a court case for Grant of maintenance and also a case under domestic violence act. You can also give a written complaint to women cell. Firtly you should start from by giving a complaint to women cell.

Q: After filing for divorce wants to claim for alimony as well

Can a women get alimony even she filled divorce

Advocate Manish Sharma answered
Yes, she can get alimony,,she can also file an application U/d 125 for the maintenance ,,it does not matter then she had filed divorce or not. Both the matters are to be decided seperately based on seperate circumstances.

Q: The police says they will put a case against me. What are my options

sir I have financial issue with gulzar singh he (gulzar singh) trf. 7 lac in my bank a/c 2014. After that I return amount by cash. only 3 lac trf in his bank ac. then we have financial dispute. some of our known person set compromise between us. I give him 2 signed cheque rs 5 lac. agreement on plain paper (not on legal astam paper) which I signed. Agreement is i will pay 23 lac to him signed due to pressure on me he G.S. s make secretly mobile video recordings of agreement.& later give to police then he demand more & I refuse to pay as per agreement. he make complaint against me in ssp office in which he say he give Rs. 23 lac to me on interest basis 7 lac in bank trf another given cash. for justify his case, his another colleague’s also give statement that they give me money cash to me on interest Now police inquiry officer under pressure of sp rank officer say pay as per agreement otherwise case against fraud 420 406 non bailable. please tell me what i do.thanks

Advocate Manish Sharma answered
If you have taken money ,and they also have written proof of that borrowed money/loan taken then you have no other option than to pay whole the amount. You can talk to the perosn from whom you have taken that money and take some time to return that. If they filed criminal complaint against you then it will be difficult for you to prove your side.

Q: Remedy in case boy refuses to marry

Hi... M from chd i just want to know is dere any law. If u r in relation ship from last 12 years nd u hv psyhical relation bt the guy u love told u cant marry bcz of intrcaste my family will not eccpt.

Advocate Manish Sharma answered
There is no law which bound you to marry with someone ,with whom you are in relationship from a long time,even if you have physical relationships. All are free to choose their partner according to their will.

Q: What is validity of Complaint filed by a mentally ill wife

Hello sir, One of friend is in trouble as her wife who is mentally ill has filed Complaint against him and in-laws. My friend was not earlier aware that she was mentally ill but now due recently happened incidence has made him to discover it as she has filed baseless Complaint having dowry, domestic violence allegations. My friend is totally shattered and depressed by this incidence. Please let me know the validity of such complain made by mentally ill person. Whether police or court accepts such Complaints??

Advocate Manish Sharma answered
There is no time limitation to file such a complaint.If she is mentally ill then you have to prove that in the court of law. You have to give strict proof of this fact that she is mentally ill. And yes at the one time court will accept that kind of Complaint rest depends upon evidences .