Advocate Shailendra Jha

Questions Answered by Advocate Shailendra Jha

Q: Mutual Divorce One Time Settlement/Monthly Maintenance

Religion Hindu. mutual divorce is in progress in Ranchi jharkhand. Mediation is going on. I am not agreeing to fulfill her high demand, She is also not agreeing to accept the amount I am saying. But I am agreeing to continue to pay her as per crpc125 order already passed in Bihar family court. What will happen if mediation will fails. Will the court decide any one time settlement amount? OR order for continue as per Crpc125 order already passed? OR Court will not give divorce to us and keep it pending for long time ?

Advocate Shailendra Jha answered
If one time settlement is not possible due to disagreement between the parties then you will have to pay the monthly allowances as ordered by the court. if mediation fails then the matter will again come to the court and the proceedings of mutual divorce will be resumed.for further queries feel free to contact

Q: Family dispute with wife and her behavior

I did marriage by Hindu method in December 2011. Every thing was fine in our marriage life. Last April she forcefully left house and residing in a girl's hostel. After left home I came to know that she had a extra marital affair with her Friend. Now she want to take divorce with me forcefully. We have only one 8 years old son residing with me. Right now she don't have any affairs with her friend but she don't want to continue come back to home. She left my family child at any cost. But I love her very much and don't want to give divorce. This will big effect on my family and child. What should I do in this situation. Please suggest me.

Advocate Shailendra Jha answered
first of all try to settle the matter amicably with the help of counselling and if there is no scope for settlement and if you want that your wife should come and live with you and your wife has deserted you without any lawful excuse then you may file a petition of restitution of conjugal rights .

Q: Legal tool for the transfer of property to one brother

We are three brothers. My brother has bought a property in the name of my mother. We want that the succession of property goes to one who has invested the money. How can it be done?nNeither two of us nor our future generations should have any claim on the said property. Please, suggest suitable legal tool.

Advocate Shailendra Jha answered
mother can make a will and transfer the whole property in favour of any person as she thinks fit and if she does not make will then the property will vest by law of inheritence and in this case share will be allotted to the heirs of the intestate as per law of succession and if you all want that the property should vest in a single person then the rest heirs will have to relinquish their share at the time when succession opens and in this way it will vest in a single heir. For more details feel free to contact

Q: My Wife Filled 498A and 125 Crpc

My wife has filled case in ranchi 498A complain case and crpc 125 against me and my family In 125 mediation she is not ready to divorce neither she want to stay... What should I do please suggest

Advocate Shailendra Jha answered
if the case of 498A is false and frivolous ,you can file a petition of restitution of conjugal rights if you want to stay with her but if you want to live separate then you have to set a ground for divorce and for this you need to provide more details of the matter. for further assistance feel free to contact.

Q: My Brother's wife is having mental disorder and we filed a case

My Brother was recently married and during the married he observed some abnormal behaviors of wife and once she reached his home after married she(wife) started shouting, abusing and beating to family members and relatives .After such incidents we came to know she is having mental disorder and called her father .Her father tolled he was consulted only TANTRIK ,but girl told her mother use to give her medicine every day ,after this her father took her to his/father's house . After the married Girl only leaved 5-6 hours in groom's home in day time so that the marriage was still untouched. nWe have filed a case in family court within 10 days of time for null & void .Now girl’s father is telling that he will fine a case against grooms family for 498A.Please suggest what we can do in this case further and what is the possibility of null & void of marriage in such cases as we do not have any medical documents .

Advocate Shailendra Jha answered
if it is proved that the girl is of unsound mind and you were not aware of the the fact at the time of marriage(you were defrauded by the other party) then the marriage may be declared as void .now coming to the fact of case ,as you don't have any direct evidence so in this case circumstantial evidence will come in picture and can help you out .