Advocate Mitesh Sharma

Questions Answered by Advocate Mitesh Sharma

Q: Time period within which counter FIR is to be filed

Counter fir kitane time me kar sakte h

Advocate Mitesh Sharma answered
There is no time suggested as per law to file a counter FIR, but you should file it as soon as possible after the incident took place bcoz u have to prove that both of the crimes are connected to each other.

Q: Legal consequences for withdrawing the mutual divorce case

Hello sir , I got love marrige since 2015 I spare two days with my wife . We filed 13B because of pressure of her's family but I don't want to give her divorce , if I'll withdraw what kind of case they can file against me . They have convinced my wife now she is not with me plz give me legal suggestions

Advocate Mitesh Sharma answered
In the matter of section 13B of HMA both of the parties have to appear before the court to record their statement. If one of the parties does not appear in the court to record his/her statement court will dismiss the petition. This is ur constitutional right no one can stop u doing that.

Q: Maintenance in case husband working in a private sector

Iam hindu and i wish to know how to get proper maintenance as husband work in private sector..and i dnt have anyoroof already apply for RTI but not get any response from one month.

Advocate Mitesh Sharma answered
You have to file cases under section 125 of Crpc and under section 12 of domestic violence act. If you are residing in a rented house you should present the rent agreement along with your petition. No matter if you don't have any income proof of your husband, the decision will be in your favour.

Q: What to do to speed up a mutual divorce case?

Hi, my lawyer had filed mutual divorce petition in the month of September 2017 and we got the date of 17th November for getting report but unfortunately my lawyer could not attend on that day and got a new date of 10th January 2018. Now when I asked my lawyer for the reference number he is lingering the matter. So I want to know that what all procedure is more left to get the decree? And if my lawyer leave my case in the mid than what can I do? Please help me as I want to come out of this case as soon as possible. I have not asked for any alimony. Just I have a son of 6 years he will be with me.

Advocate Mitesh Sharma answered
In the cases under section 13{B} of HMA 1955, the court may grant divorce after six month's separation period and those six months start from date of filing the petition. If you got a date of next month and you want to change your lawyer you can change them by taking n.o.c. from them.

Q: Want to claim for child custody after divorce from my husband

im a mother of two sons of 5 and 6. if i get divorced now , can i ask for custody after 5 to 6 years. im a hindu

Advocate Mitesh Sharma answered
You can file a suit under the provisions of guardian and wards act for seeking custody of your children. That suit will be filed where children are residing. You have to proove that you are capable enough to take care of them.