Advocate Neetica Sharma

Questions Answered by Advocate Neetica Sharma

Q: How to legally ask wife to come back home

I married in april2017 everything was going good but suddenly I got to know about her boy friend through her personal dairy and that person was still in touch through social media I question her about it because she didn't share with me her past life earlier when I ask and she told me everything about it now I was OK with that she told she does like him I told OK ask to close the matter an continue our life but after few months some one telling wrong about my wife indirectly. I felt very bad .at that time my parents were not there to whom i can tell about it so I told to my wife parents instead of taking action they blame me and told me charechterless and now Since last 8months my wife is not came back to my home her parents are not ready to send her back after meeting done by both the side of parents girls parents told that they will not send her for 2years and after that they will think about it me and my parents are not agree on that now I want my wife to be with me so tell me what to do?

Advocate Neetica Sharma answered
First of all try to ask her separately if she wants to stay with you or not. May be she wants to be with her boyfriend. In that case, ask her for divorce and try for mutual divorce. If she does not give you divorce and does not even come back home, in that case file restitution of conjugal rights stating that you want your wife to come back home.

Q: Remedies available if a boy does not deliver his promise of marriage

I had fallen in love with a guy who is currently a civil servant. We planned our marriage after my CSE exams. During pre stage of our relationship was quiet good and we shared physical bondings also. But nowadays he is behaving indifferent and saying that his mom and dad is his priority and he cannot marry me now and the best part is that he never put an effort to share anybody about our relationship not even with his closest friends. What shall i do now. I am having each and every evidence of our relationship in the form of both audio and video and i don't want to bring those stuffs out in public and defame him. Firstly i only wanted to inform his parents about the thing then only i can go through legal means. But apart from everything I am little afraid of his powers because being a civil servant gives you a lot of power in hand which can either make you or break you. Now suggest me what shall I do.

Advocate Neetica Sharma answered
Firstly, you have to decide what do you want. You want to marry the guy or only want to teach him lesson. If you only want to teach him lesson then you can file cheating, fraud cases etc but if you want to pursue your relationship further then you can go for counselling etc rather than any legal remedy.

Q: Want to Remarry after divorce decree but FIR not quashed

I received my divorce decree 10 days before but FIR quashing is yet to be filed. Can I remarry or is there any negative impact?

Advocate Neetica Sharma answered
For remarriage, it s mandatory to get divorce from 1st spouse. Therefore, after getting a valid Divorce, remarriage can be done. Rest depends upon whether divorce is mutual of disputed or in case of disputed whether it was challenged or not etc.

Q: Legal validity of divorce outside the court done informally

Sir it's being 3 years case in family court asking my wife to come back and rejoin me ,court given many summons ,give advertising on News paper asking her to present before case and settel issues,but she and her Advocate never ever present before court on any hearing till today date.I and my family use all our efforts to get her back but all goes in vain.Now after 3 years of separation and 5 yrs of marriage .She suddenly said me on phone that idon want to come court give me divorce outside court I'm ready to come Delhi but not come is court.She was so shameless over phone about this relationship.kabhe socha he nahe ye mein kya aur kyu kar rahe hu.Now you suggest me divorce outside court is valid and also can I demand for the money me and my family spend on this marriage.Any punishment also

Advocate Neetica Sharma answered
Divorce can be done outside court through Mediation. Even courts also refer divorce cases first to mediation. In divorce, husband has to give alimony to wife, hence you will have to pay her and you can not claim any money.

Q: Can a 19 year old girl leave parents and move alone in India

I am a 19 years old girl from Delhi i havr many issues with my parents i want to move out n leave them one of my friend is helping me to get settled can I legally move out at the age of 19? What action can my parents take against me or my friend?

Advocate Neetica Sharma answered
Being an adult you have right to take decisions on your own. Law gives right to girls above 18 to marry as per their own wish. Your parents can not take any action legally if you move out as per your free will.