Advocate Neha Sharma

Questions Answered by Advocate Neha Sharma (25+ answers)

Q: Delay in jodhpur high court and related to divorce dispute

Dear lawyers is there a way to fast track case please I am getting very late dates and last date was nov and then april and April hearing didn't happend and now it's in aug please help

Advocate Neha Sharma answered
Formal Application for Expedited Hearing and after hearing the same the matter will be listed early and simultaneously urgency in regards with the matter can be put forward at the court by the counsel for taking the matter for arguments.

Q: Maintenance Case: Need to present expenditure receipts

My wife has filed maintenance case. The custody of my daughter is with me. I have been asked to present the income affidavit in the court. Other than school fees, my daughter has other monthly expenses(Tuiton Fees, Transport Fees, Basket Ball Class, Music & French Class). I've the receipts & will be presenting the same in court. My question is :-Do my daughter's tutors & coaches also need to appear once in court, So that these expenses can be considered as valid by the court? Yes/No

Advocate Neha Sharma answered
Proof and Documentation: You will need to present clear and credible evidence for each of these expenses. This includes: Fee Receipts: Original receipts from the school and the respective classes/coaching centers, clearly stating the amounts paid and the period they cover.Transport Bills: If you use a private transport service, provide invoices or payment records. If it's school transport, the school fee structure usually outlines these charges.Your Affidavit: While you are presenting the income affidavit, ensure these specific expenses for your daughter are clearly listed and detailed within it.

Q: Can Rent Paid to Father claimed as expense in Maintenance case

Hi Sir,I am separated from my husband from past 11 months due to extra marital affair of my husband. I have one child of 1 year. Now i want to file maintenance case for that I want to know rent paid to my own father can be treated as expenses while I am submitting my monthly expenses in court. Further my husband salary is 1.5 lakh per month, how much monthly expenses will be awarded for me & my husband. I am a housewife not working anywhere.

Advocate Neha Sharma answered
possibilities of getting maintenance of 50-60% from his income in case you don't earn and don't have any such source to generate income regardless of staying with your parents further taking into consideration that you have a small child it is not at all possible to leave the kud behind and go to job it might hamper the overall growth of th child being a very genuine and sympathetic ground the court might fix a good sum of maintenance and few factors might be taken into consideration by the court before passing an order.For any further queries, feel free to contact me. Thank you

Q: Stop Tu divorce, we are not agree for divorce,

I married throught the court marrige. And we are husband and wife. But our family want to divorce both and we don't agree for this. But they force us for divorce. So i want to ask, if we disagree for divorce in court the what is happaan, divorce cancel?

Advocate Neha Sharma answered
yes, if both the parties don't agree for divorce it won't take place and family cannot force legally married husband and wife to get divorce without any valid ground.and in case of any further discussion please feel free to contact me.

Q: Maintenance Descision Is Good Or Bad?

If my husband salary is 96000, i am msc bed in biotech and court has decided maintenance of 25000. Should i apeal in high court against it Or is it valid? How to recover money?

Advocate Neha Sharma answered
the first question arise is that are you currently doing any job? secondly, do you have a child ?and thirdly, what kind of lifestyle were you leading after marriage and at present ?if you are currently working, then the maintenance decided by the court is based on your capabilities to earn as well. Further, if you don't have a child the question of maintaining a child goes out of question but in case you have a child and residing with you than thr are high probability of increase in the maintenance amount and lastly if your lifestyle is not covered under this amount for say you are living alone and paying rent and other amenities thn surely thr might be high chances for a positive outcome