Advocate Sarita Shintre

Questions Answered by Advocate Sarita Shintre

Q: Wife has committed bigamy and given birth to child of second husband

My wife has done Adultery and bigamy, also get married from the guy,with whom she was indulged, and now also given a birth to a baby from him. Without anybody's consent, or a legal separation from me. I want to take a legal separation from her.

Advocate Sarita Shintre answered
Yes, you can take legal separation from your wife by filing divorce petition on the ground of adultery and cruelty. You can make co- respondent to that guy and court issue summons to him also. You can file bigamy complaint against both of them.

Q: Remedies is my lawyer is not representing my case correctly

If i hv given my case to advocate..If he is delaying the case and not present at the time of hearing. Always not answering the call. What should I do??Can I change my lawyer? And if I changed then what if he has my file with him?how many times I can change lawyer?

Advocate Sarita Shintre answered
If your advocate not attending the date of hearing. He is ignoring your case. If your advocate not answering your calls then you can change your lawyer. Ask him to return your papers along with no objection on valalatmama. Tou can change your lawyer there is no limit to change the lawyer.

Q: M having marital issues n thr r regular fights n arguments n cha

If i file a case will it be possible to check his watsapp DELETED messages fr 1 year n also will i b eligible fr alimony if m working. Also he doesn't hv a property of his own but his father has, will it be considered his? He also says he cant pay for our kid's expenses so can we get his credit card statement. Plz help. We r hindu.

Advocate Sarita Shintre answered
You can eligible for alimony if compare to your income your husband’s income is more then you can ask for alimony. Husbands property cannot considered his property. You can claim maintenance for children, you can ask in court to produce his income proof, bank statement, I. T returns and other necessary documents to show his income.

Q: How to claim custody of children

My husband and me are indian Citizens residing in US for past 6 years. He has a H1B visa and Iam on H4. Our kids(aged 5 and 2) are US citizens by birth. How can i claim child custody for both kids if i file for divorce in US. Will I be able to stay in US after the divorce? Can I take my children back to India or will they have to stay back. Waiting for your reply.

Advocate Sarita Shintre answered
You can file custody petition in the family court of both the daughters. If Your elder daughter is major then it is daughters choice to stay as per her choice with either mother or father. You can file custody petition where daughters are staying in that court.

Q: How to get compensation for not getting possession of flat

I booked flat in 2012 and in 2016 builders told to sign on possession papers and promised to finish remaing work of flat but till date he has not repaired, painted or cleaned the flat. i had taken loan  in 2012 and had being paying loan from 6 years @ EMI 15700. please advice where to complain and get compensation.

Advocate Sarita Shintre answered
You can file complaint to the consumer court and you get compensation for the work not done by the builder. Before that send Advocate notice and warned him that if he fails to do that work you will take legal action.