Advocate Pawan Kumar Sharma

Questions Answered by Advocate Pawan Kumar Sharma

Q: Wife not coming to matrimonial house, how to proceed for divorce ?

Sir/madam I was married 3year ago i'm the only son who is having responsibility of my old parents. After marriage only once my wife came to my home after that she is not willing to come in my home nor she is responding me. From last 2 year so many time i and my parents try to bring her back to my home but we are unable to bring her back her family is also not giving responce. so please help me.

Advocate Pawan Kumar Sharma answered
Husband should file a petition under sec.9H.M.act for restitution of conjugal right before Family court or District court and if Family court or District court orders for restitution and wife ignores theorder in this condition husband file a divorce pitition under sec. 13hm. act

Q: Does SC/ST get financial support from government ?

Ji me Rajput Hu or mere husband paswan h Jo sc category m ate h kya m jaan sakti Hu Ki Rajasthan government financial support Kr skti h.

Advocate Pawan Kumar Sharma answered
No financial support would be given by state gov and central gov . There is no provision for any general citikzen ,which is no handicapped. Only handicapped and those persons who occures accident state or centrel gov may provide financial support

Q: How to get birth certificate of a Child whose Father is Unknown ?

I have adopted a girl child from a single mother. In the birth certificate there the name of the father is not mentioned. Now I am a single woman and the biological mother of the girl child was unmarried at the time she conceived the baby. now the registrar and birth certificate issuing office is not making the birth certificate and forcing to put a fathers name in the certificate. What can be done in this situation since the father of the baby is unknown

Advocate Pawan Kumar Sharma answered
A mother should file a petition before P.O. of the civil court and various discions of Supreme court arethere for not showing the name of husband for geting birth certificate and addmission in school

Q: How to get custody of my married girlfriend's child ?

Sir mera afair meri g.f. se tha.uski shadi kahi or ho gyi.sir usne extramerital affirs rakha mere sath.uske huuband ke bhi kisi dusri girl se afair the.wo divorce lekar mujhse shadi karna chahti thu.is beech use ek baby hua jo ki mere liye banane se hua.baby 2 sal kka hai sir.ladki ne ab husband se divorce lene se mna kar diya.sir mujhe apna bachcha bahut payara hai.mujhe wo chahiye .mujhe kya karna chahiye..me apne bete ke bina nhi rah sakta.

Advocate Pawan Kumar Sharma answered
If you Tate any action for get child you may face criminal proceedings under sections _376,354,497 IPC .Because of you are not recorded father of said child do to mother of child is not your married wife

Q: Wife not coming to matrimonial home and filed case u/s 125 crpc.

Sir, I married on 27 September 2009. Since than 2 children born but unfortunately died after 3 days of birth(male baby in April 2011 and female baby in June 2014). Middle of July 2014 wife called to his father and has left my home. She says that I will not return and you can remarry. His father said I will check with her and reply you within month. But there was no reply from their side. We have called them they said we can sit and talk . So me and my mother father gone to there home and asked to her to return but she refused. In June 2016 she has make complaint in women cell, Dehradun . We have make 5 visit from Jaipur to Dehradun women cell. Wife was not satisfied by women cell procedure so she closed her complaint in women. Cell . Now she has file a case of crpc 125 in Dehradun court. What I have to do? As I am afraid that she wants to harm my parents legally by alleging false charges.

Advocate Pawan Kumar Sharma answered
Sir You give the repely of sec.125 cr.PC in Dehradhun court in file and you also file a case of ivorce case in jaipur family court and take Divorce..In the Divorce pitition you give evidence that she wants harm to your parents.