Advocate Mayank Sharma

Questions Answered by Advocate Mayank Sharma (25+ answers)

Q: For legal advice in divorce case

My lawyer cheated me and due to the negligent of court staff. My husband had given ex-parte divorce to me. Hello is a govt Bank employee. I m also a govt servant. Hello told me about one year ago he had divorced in Feb 24 and did marrige in sep 24. Now he has become a new born baby father.But he has already one younger son who was 4 yr old. Hello hided that son before court.In the marriage certificate his second wife is unmarried shown.He is having two boy children with previous marriage.

Advocate Mayank Sharma answered
based on the fact status it appears that material concealment and mis representation has been done before the court if your husband obtained and ex-parte divorce without properly serving notice to you,you have legal remedy to challenge the decree by filing an application under order 9 rule 13 of CPC for setting aside the ex-parte decree, if limitation permits. further suppression of of facts regarding children and showing unmarried status in second marriage amounts to fraud and misrepresentation, which can also be challenged. You may also file a complaint before higher authority of court regarding the negligence of staff and against the Advocate before bar council. criminal remedies under BNS related to cheating, froud and bigamy can be exploded, that you immediately consult a fresh advocate with all documents.

Q: Is major earring daughter entitled for maintenance under DV act

Hi,Is major earring daughter is entitled of getting maintenance from her retired father under DV act 2005

Advocate Mayank Sharma answered
under the domestic violence act 2005 maintenance is generally granted to the aggrieved wife, Minor children or dependents who are unable to maintain themselves. -A major earning daughter is not entitled to Claim maintenance from her retired father under DV Act, as she is assume to be self sufficient. if the daughter is unmarried, unemployed or unable to sustain herself due to valid reason, than she may claim maintenance under different act.

Q: DV Case Filed But No Summon Received Yet

Fresh DV case is filed but I have not received any kind of summon ( neither digital nor physical mode) from the court yet , 1st hearing is in 7 days from now..

Advocate Mayank Sharma answered
since you have not yet received any summons either physical or Digital there is no legal obligation for you to appear on the first date unless the court has duly served you however sometime summons are served late or through alternate mode you may check case status on the District Court website or E-court app to confirm it if your name is reflected if the summons is not served , the matter may be adjourned on the first date still it is advisable to keep track and if possible, engage a lawyer to appear on the date so that no adverse order is passed in your absence.

Q: Public drinking Near Saket Breath Analyser

Almost 2 weeks back, 2 police personnel caught me in public Drinking. They took me near their Van and took a breath analyser test on which no sections was mentioned. Only my first Name BAC and location. They took sign on Pabandi and my adhaar card. Is there any way we can verify this? What they will do on this. No reciept or anything was provided by them. My address on adhaar is different, how would I know. Anyone can help to verify it from PS. I have name of the police personnel and PS Name.

Advocate Mayank Sharma answered
Normally in cases of public drinking or drinking in public places proceedings are initiated under section 40 of Delhi excise act and section 355 of BNS and challan or notice is mandatory issued since you a neither given a copy of the challan or informed about the offences you may verify if any case is registered in your name by approaching concerned police station and checking the daily diary you can also file RTI application season confirmation if any complaint, Challan or FIR been registered in your name for the alleged offence on that date. Until and unless a proper challan or notice is served, no proceedings can legally continue against you.