Advocate Sahil Jhamb

Questions Answered by Advocate Sahil Jhamb

Q: Divorce on the ground of physical and mental abuse

18yrs of marriage, since day one fight about control, money and doubts about faithful, very difficult life, everyday fight, she even beat him, now by stressing out drinking heavily and got very sick months was in ICU etc et.said now sex for 5yrs, life will be in danger but she forced, can't take it anymore I am in debt by medical Bill's etc,about 10lac,pls suggest how can I get out of this marriage, she is the devil, giving my parents hard time, she even attach me with my mother, sister neighbors anybody I talk at work etc, wanted to die but she will finish my parents. Thanks.

Advocate Sahil Jhamb answered
See being a lawyer, and after reading your query . It represents that you are facing mental as well as mental cruelty and further you have a legal remedy of divorce under section 13 of Hindu marriage act. Note :- contact with an advocate soon Best of luck

Q: What to do when there is criminal case filed against me

a case was registered on me of ipc 354 and now the summons are being issued to the girl, her father and IO. now they have attacked me at the back side of my house at 09:30 pm when i was returning to home from my job and injured me and they also filed a case against me of ipc 323,324,148,149,506,34 they registered a case with the help of political support and i made a cross case and they are forcing me to make a settlement of both the cases with them. i already filed the enquiry to comissioner of police enquiry has been marked. now what to do ? please guide me in both the case

Advocate Sahil Jhamb answered
First of all you should move a anticipatory bail for you in the honble court of competent jurisdiction which is more likely to be allowed and then think about other matter after consulting a lawyer accordingly

Q: What are the grounds for divorce and child custody in a marriage

Sir, I got married 9 years back and I have a 7 year old son. My wife recently left me two months back, leaving behind my son and this is not the first time. She even left him when he was totally on mother's feed. She uses vulgar language to me and my mother. She even many time lodged false complaints against me in different police stations. Now I don't want to live with her, Can I put a divorce case against her on theses basis? What about the possession of my child as she always left him and don't care about him. She is not capable to raise him up.

Advocate Sahil Jhamb answered
Yes you can file a divorce petition in competent court of jurisdiction and the same can be file on the basis of cruelty u/s 13 of HMA and according to your question that there are a lot of complaints may be it would be sufficient for divorce. Rest depends on papers . Good luck

Q: Can I get a divorce if my husband is not ready for it

I am married now its been 8yrs.i need divource we are not even physically or sexually connect with each other. Will i get divource soon. Only with my wish wil i alone can get divource from him if he opposed also. Because i have married to my moms brother. I dont like this Marriage . I dont have any money i am helpless will i get justice

Advocate Sahil Jhamb answered
The first answer the person who wants divorce have a to file a petition of divorce before the competent court of jurisdiction u/s 13 of Hindu marriage act 1955 And further the petitioner can also claim maintenance from husband for livelihood. Most probably maintenance be awarded as soon as possible after that her position would be right and she can fight her case very well Second answer :-Justice has no cost . Note :- take an appointment with a lawyer and he/she will help you. The above noted query is only for Hindu religion

Q: After filing mutual divorce six months waiting period is mandatory

After filing mutual divorce six months waiting period is mandatory or not?

Advocate Sahil Jhamb answered
It is mandatory period as per section13 b of hma act but although in various judgements of Hon’ble Supreme Court the time of 6 months is not seriously taken and a decree of divorce was granted without observing the 6 months period.But the period of 6 months mostly relaxed by the Supreme Court and not other courts . (Breakdown of marriage )