Advocate Sakshi Sangal

Questions Answered by Advocate Sakshi Sangal

Q: Future Validity Of Mou Executed On Stamp Paper

If any mou is executed on stamp paper that dowry neither taken nor demanded can it debbared to file cases again in future if dispute arises again

Advocate Sakshi Sangal answered
No it was not debbared the other party to file dowry case in future if mou is signed between husband and wife as the girl may have said that the signature was taken on it was not my signature, may have raised false allegations on the husband.

Q: Different name in my certificates from my father's documents

My father's name in his Aadhar is "Rakesh Kumar", but in my all documents its written "Rakesh Mahto". Father's name in my 10th,12th & Graduation is the same. But my father has a different name in Aadhar and Pan. I am studying and want to do UPSC and want to do my Masters from Central University like IIm's. If I make an Affidavit from notary will it help that these two persons is same. No one from my family has gone into jobs and central universities that's why my parents were not aware of this. If I produce my documents at these places in which names are same in all my certificates, will they also to bring father as they want to check his document as well?

Advocate Sakshi Sangal answered
Yes it will help you to prove that Rakesh Kumar and Rakesh Mahto that these people are the same and further more you have to publish it in the newspaper to make it a valid piece of paper. So that in future you will not face any problem regarding it

Q: Matrimonial issue child custody- seeking legal remedy- kindly suggest

Wife is giving continuous threat and used foul languages against me and my family members because of this i left my home with my son (age 10m) and staying with my parents who lives in other state. After 4 mnths she didn't made any attempt to contact us. We were living in my mother self acquired property of my mother, can my mother lock home and forced her to live in other place. Wife is working and there is no one in her family to support her but her father WILL she will get good amount of money in her father property which is in disputed as of now with her brother. Kindly suggest on child custody, will she eligible for maintaince, can my mother take above step. Will police force my mother to open lock for my wife, please suggest..

Advocate Sakshi Sangal answered
You should file a complaint against your wife. she can file maintainence case divorce case and custody case against you as till 5 year of age only mother is consider as the legal guardian of the child and after 5 years of age both has equal rights. yes your mom can file the eviction suit against your wife to leave her house

Q: Can spouse claim job after employee death

my wife was a government employee.we got married and wife died within 3 months due to dengue...we dont have marriage certificate because there was no time to make it.the only proof of wedding is marriage invitation card and wedding photos .so as a spouse can i get the compassionate appointment job and nps and pension..my wife has nominated his brother in nps and service record which she had done before marriage (3 years ago at the time of joining job).ow his family is not supporting me and want to claim every benefit on the behalf of their son ( brother of my dead wife)...can i do anything to claim my rights..i was legally married with hindu act

Advocate Sakshi Sangal answered
Yes as per the hindu succession act you are the legal heir, of your died wife and you also has the equal rights. According hindu marriage act after the marriage the husband become the legal guardian of his wife. So you claim your rights by filing the civil suit in the court of the same adjudication

Q: Need help for a boy who recently married

My brother has married before 20 days nd his wife is working at assistant in hospital from many years. But my brother not working any job bcz of high education he is preparing for govt . He is master in physics hons. Both started their relationship as asking past about each other's... Nd his wife is not listening anything also not talking polite to him always keep crying for wants to go home we met with her family two times but her dramas is not stoping yet she also not doing any work. .. we called her family they also arguing that "their daughter will do what she wants who r u to stoping her" from that day she is going her house without asking to anyone in my family or not asking to husband also... Nd not called till now she is at her house. .... I query is that how to handle this situation ... Husband or say boy has father died from many years only has mother who's govt employees at school nd has 3 younger sister.

Advocate Sakshi Sangal answered
THE HUSBAND Firstly file the case of restitution of the conjucial right and then try to solve the issues between them. Even if then wife did not amend her ways he should file the petition of divorce and also take the custody of their children if they have them