Advocate Nitanshu Sharma

Questions Answered by Advocate Nitanshu Sharma

Q: I want to file a petition for divorce ,but I don't know the procedure

Plzz tell.how can I file Sue for divorceWht procedure I have to follow and the requirements for this procedure

Advocate Nitanshu Sharma answered
First, I have to know that what kind of divorce you want to file whether it's mutual or contested. In mutual the consent of both the parties are required and in contested divorce there are sufficient grounds for it. For further clarification feel free to reach me.Thanks

Q: False Dowry Complaint mere or mere maa ke upper lagaya hai women cell

Meri Patni Jisse meri saadi 1.5 pahle hui thi saadi ke ek mahine ke baad wo kalesh karne lagi or gali galoch bhi phir maine use bej diya uski maa ke pass wo saadi se pahle NGO mai kaam karti thi jiske baare mai muje pata nahi tha waha se usne mere upper false dowry complain women cell mai kar diya ,waha mai ab tak 2 baar jaa chuka hu or baar usse laa ke rakha tha lekin uska behaviou waisa hi tha ,ab muje women cell wale 3 baar bhi bula rahe hai. waha dabab banaya jata hai ladke ke upper.

Advocate Nitanshu Sharma answered
Immediately File for contested divorce against your wife taking mental cruelty as a ground ,till then kindly live separate from your wife because in India law favours women in such cases but there are certain ways to tackle them.

Q: Need to understand if we are eligible for divorce

Its been 8 months of our marriage, it was love marriage. for last 6 months we have been having some awful fights and we just understood that its not going to work like this, since we both are unable to understand or adjust our ways to deal with each other during a smallest of fights. Its getting worst and worst and now we prefer to live peacefully separately than living like this.

Advocate Nitanshu Sharma answered
I understand that you guys have put yourself in a situation where you both are making each other extremely unhappy and desolate .So, the best remedy for you both would be to enter into a divorce under sec 13b of the hindu marriage act,I.e for mutual consent for better explanations of the procedure, norms and technicality you may unhesitatingly contact me.If both the parties are mutually consting to divorce, it would not be a very difficult situation

Q: A complaint registered against my mobile no by email

Hi sirI sent sexual image and pictures of Sex content to a girl on WhatsApp . after 1 months A police called me and tell me I got a harassing complaint against you by a girl And she mentioned my mobile no And police called me ask for her mobile contact no but by mistake I give them wrong girl no After all wrong girls denied that a boy lying it's not me After all I don't get called from police or any notificationMe my family in very tensed I don't what happened next or am I going t

Advocate Nitanshu Sharma answered
Showing or sending a woman pornographic or sexually explicit material without her consent is a form of sexual harassment under Section 354A of the IPC. The perpetrator of such a crime can be punished with 3 years of imprisonment, or a fine, or both.

Q: Family property Issue Filled Criminal Case

Husband purchased a property in wife name in the year 1990 from his own sources of income. And property was registered in the name of wife.Later at 2004 wife expired. And husband got the property transfered to his name by producing death certificate of wife. And got khata transferreed to his name.And further father executed gift deed in the name of childrens. Except one child. Now that one child has filled criminal case . In the form of PCR and filled sections 420 , 471, 120b and other sections . He has some doctor records saying father was not well. And he has filled this case after 10 yrs of execution of gift deed now even father has got expired. He is saying that father was not well and they have forged fathers signature.Generally when wife dies without will. Property becomes equal share between children and husband. Now since husband has transfered property to his name after death of his wife and executed gift deed to 3 children excluding one child.Will this leads to forgery?

Advocate Nitanshu Sharma answered
the gift deed can certainly be questioned in court of jurisdiction by filing a declaration suit or it may get challenged if any of his child establish or establishes that the deed was executed by misrepresentation or by doing forgery and done without any intention for gifting in his lifetime and can be revoked with the permission of donor & donee.