Advocate Shashank Sharma

Questions Answered by Advocate Shashank Sharma

Q: Can any working women claim for maintenance from unemployed husband

Hi, I need to know if the woman is working and the man is unemployed then can she still ask for maintenance for the child? Will the grandchild have right of the grandfathers property after divorce?

Advocate Shashank Sharma answered
The right to claim maintenance is provided both under Hindu Law and Criminal Procedure Code. Whether the same can be granted depends upon the facts of the each case. Also the grandchild will have right in the property of his grandfather if the same is gets devolved upon his father.

Q: Procedure to file for divorce and keep custody of daughter

Dear sir, I married to a girl two years ago it was love marriage happened in Arya samaj Mandir, in the beginning it was little trouble but all get settle between the family, but my wife's nature is not good since the starting of our relationship I kept tolerating it since den, after an year gave birth to a baby girl I felt happy and thoroughly enjoying parenthood and I purchase a property too for a smooth life but her nature is still problem she fights with me everyday she kept telling u don't give me money for spending u don't do anything for me and my daughter and my mother in law also involves in it she kept saying me it's ur and o nly responsibility, I'm doing best for my family what I can do but it doesn't seems sufficient I m in heavy debt because of home purchase from where I bring money. She don't even respects me she keep saying if u can't do den release me bring papers of divorce u will sign I m really fed up with this relation but I don't want to loose my daughter.

Advocate Shashank Sharma answered
There are two ways to get a divorce , either you file a mutual divorce and you settle all your claims in that dispute or else you can go for normal divorce which shall include multi litigation with your wife.

Q: Refund of amount paid by me from OP how to withdraw complaint

Complained filed to refund the amount paid for deficiency in service as promised. Notice to appear before court was served to OP. Now OP has contacted me & is willing to refund the whole amount. OP has also conveyed that he is not well & not able to appear before court & has further requested to withdraw complaint against him. In such case what are the legal formalities I should take to withdrawal of my complaint.

Advocate Shashank Sharma answered
There are no legal formalities in case you want to withdraw your complaint. But I would suggest you to first take the amount from the OP and then withdraw the case. You can make the statement to this effect in court on the next date of hearing stating you have settled your dispute.

Q: Eye witness statement or Hand Writing expert, which one to consider

Dear Sir, Eye witness's statement is more weightage as compare to hand writing expert opinion. Pls. advice accordingly. Thanks in Advance. Anil

Advocate Shashank Sharma answered
I would answer your query in a summarised and short manner. The testimony of had writing expert will have more weightage than the testimony of the eye witness. The simple reason being a handwriting expert is an professional and is known as expert in terms of the Indian Evidence Act. So as per the Section 45 which deals specifically with the hand writing experts, it clearly says that the opinions of the hand writing expert has to be looked into by the courts as they being the expert of the foreign law, science or art.