Advocate Shivali Sharma

Questions Answered by Advocate Shivali Sharma

Q: 498a and DV complaint on husband

Wife and husband married in March 2026. Wife stayed only for 10 days in matrimonial home and left with her father and brother voluntarily. in evening, on call she demanded gold as a condition for cohabitation and said she will never return and husband is impotent. she also started adultery with one guy (husband has proof of hotel register for 2 occasions with that guy). Now, wife filed 498a complaint in police station and DV complaint. Please guide what husband can do.

Advocate Shivali Sharma answered
Husband should move for a quashing petition of the criminal matters. Along with that file for annulment of marriage.Keep you evidences handy. Also, if you have received the police notice under section 35 appear before police authorities and share your statement and secure personal bond.

Q: Need lawyer and price for mutual divorce and withdrawal of 498A case

Hello,My wife has filed a 498a case on me. Both the parties now agree for a mutual settlement where mutual divorce would be there and the 498a case would be withdrawn. I need the complete package fees for both the action items to be executed.

Advocate Shivali Sharma answered
The fee structure depends on which court / jurisdiction you are referring to.There would be a settlement deed required to be filed alongwith the mutual petition on all terms duly recorded in the same.Mutual usually runs in two motions, first motion is filed and mediation is done, post 6months second motion is filed post cooling off period.Also, an attempt to reduce the cooling off period may be made, which is solely the discretion of the judge keeping in mind the circumstances of the mutual divorce, seperation period.

Q: Maintenance dispute resolution in ExParte Divorce

My problem in Divorce case is that wife is deliberately avoiding summons, so even if ExParte Divorce is granted, without Income Assets and Liabilities Affidavit of wife on Court record the maintenance dispute is unresolved and wife can harass me lifetime for maintenance.As a expert how can you help me in such situation? kindly advise.

Advocate Shivali Sharma answered
There are other ways to service, at times court also allows through wats app or email, we may also request for serving in the company if your wife is working.Other than this there are various other modes of service of summons which we may ask for and apply for through court.I agree that your question and issue is painful, however these are the only ways to counter the acts of your wife.Even in divorce there is a provision to apply for maintenance, and double maintenance cannot be granted if already issue of maintenance has been decided. Which is section 25 of hma. Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent’s own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.We may also out of box basis your income affidavit attempt to file an application regarding maintenance and see how the court responds.This is an issue for many, maybe a solution through a proactive manner may be sought.

Q: Transfer of property or tenancy in common………………………..

My great grandfather for a 12 acres land from his father(which he purchased) post partition among his 4 brothers , and post my great grandfathers death , my grandfather got that land and he transferred 1/2-1/2 land share during his lifetime in favour of his sons followed by mutation etc. , so since the land is used jointly but shares are fixed - 1/2under my fathers name , he transferred his share to me via release deed in 2012 , is it an ancestral property or does my sister have any birthright ?

Advocate Shivali Sharma answered
It would be ancestral in nature. These are the primary right holders: • Sons • Daughters (after 2005 amendment) • Father • Grandson / Great-grandsonThey get a right by birth, not by will or gift.

Q: My lawyer is not working for me needs papaer from vakalath

My current lawyer is wathdrawn from my divorce case. To get NOC from him he said get papers from valkalth you hired I will give NOC. Is it correct process?

Advocate Shivali Sharma answered
Yes usually the NOC is given on the vakalt.An NOC (or “No Objection”) is a written consent from your previous lawyer allowing you to: • Change your advocate • Appoint a new counsel • Avoid disputes regarding representationIt is generally required when filing a new Vakalatnama.