Advocate Nihaarika Jauhari

Questions Answered by Advocate Nihaarika Jauhari (25+ answers)

Q: in MT case wife stated her income 3.5lpa per month and exp 2.5 Lpa per

in MT case wife stated her income 3.5lpa per month and expense 2.5 Lpa per month including child her herself with out any expense details or bills , judge still issued summon , what to do on next date shall i file application under order 7 / 11 that petition is not maintainable or just raise the objection or do i need to file reply

Advocate Nihaarika Jauhari answered
Greetings for the day,You must file your reply so that all of your objections are duly placed before the Judge in order for him/her to take an appropriate decision.In case of further assistance, feel free to contact.

Q: My sister has been married for the last 6 years and she has constantly faced physical & verbal/emoti

My sister has been married for the last 6 years and she has constantly faced physical & verbal/emotional abuse over this period. She has been coping with all of this in the hope of things improving and also due to societal pressure. But nothing has improved. The most recent of her agony was today(02/19) when her husband abused her, our father and slapped on her face and kicked in her groin area. She is now feeling suffocated and at loss of self esteem to continue staying there in immediate term. She wants to return to our parents and spend some time to introspect and take a call on whether to spend any more time in this relationship. However she fears that if she goes to our village in Bihar, her husband/in-laws might try to file fake/forged cases in fear of any legal action from herShe has already called and informed police about today's incident and she has also informed her in-laws, who now live at a separate place. Is their any legal step that she should take before leaving?

Advocate Nihaarika Jauhari answered
Greetings for the dayHaving read the atrocities that your sister has undergone, I would suggest she must file a complaint with the women commission as well.They are established specifically to look into such acts of domestic and verbal abuses.For further assistance, feel free to connect

Q: Our cases (D.V & 498 A , 34 are already filed in the district court. nnD.V - on defence evidence, ex

Our cases (D.V & 498 A , 34 are already filed in the district court. nnD.V - on defence evidence, execution petition already filed, instructed by judge to bring 35,000 on next hearing but today in 498 A, 34 which is on defence evidence stage, respondent's lawyer appeared and said Main accused is paralyzed so they can't come to court. Exemption granted by court. I know they are playing a game as they don't have evidences which they have accepted in D.V matter, and using a strategy to escape from all this. nnWhat are our ( complainant's remedies) to break their strategy and get the maintenance out of them ordered by the judgeKindly assist.

Advocate Nihaarika Jauhari answered
Greetings for the day.If the accused is paralysed, you can get a Local commissioner appointed from the court for recording the evidence. The cost shall be borne by you. This shall help you, if the testimony is necessary for the case.For further assistance, feel free to connect.ThanksRegards

Q: how to file divorce if not living together more than 15 years

HinWanted to know how do I get divorce if we are not staying together from last 15 years.Kindly let me know. nThanks

Advocate Nihaarika Jauhari answered
Greetings for the day!If you are in contact with your spouse, you can file for divorce with mutual consent.This is an easier and quicker way of getting a divorce without an elaborate court proceedings.While in the alternative situation, you may connect for assistance.Thanks and regards.

Q: I am a male. I want to leave my marriage.

I want to leave my wife but we a almost two year old girl child. She keeps accusing me of cheating and talking to girls without any proof. Whenever she finds a chance she go through my phone and then make all kinds of worst of conjectures and fights with me. I had to explain her everything but she still doesn't believe me and it repeats few days later again. Now i am tired of this. I don't want my child to see and grow in environment like this. Her family too encouraged her and threatened me to to hit and legal action. We live in on rent. It's just three of us. My father lives in big brother's home. It was an arrange marriage. I have a house on my name. Whenever we fight she tells give the house to her and leave. I am even ready to that .. i am so much tired of all this. I did and bear so much for this girl. But it's just i have decided to quit it. But i don't want anything happened to her and my child as well.

Advocate Nihaarika Jauhari answered
Greetings for the day.I can understand the plight. You can file for divorce. And if need be, you can also file for guardianship for your child or seek visitation rights.For further assistance feel free to connect.