Advocate Shivam Kumar

Questions Answered by Advocate Shivam Kumar (25+ answers)

Q: Marriage regarding some problem happening

Maine Mandir m sadi ki h jiska photo h mere pas larki k mang m sindur lgae hue wo court me valid hoga

Advocate Shivam Kumar answered
Response by Advocate Shivam Kumar:Namaste, aapka prashna kafi mahatvapurn hai. Aapne kaha ki aapne mandir mein shaadi ki hai aur aapke paas uska photo evidence hai jisme aap ladki ke maang mein sindoor bhar rahe hain. Ab sawal yeh hai ki kya yeh shaadi court mein valid mani jaayegi ya nahi.Bhartiya kanoon ke antargat, Hindu Marriage Act, 1955 ke tahat shaadi tabhi kanuni roop se manya hoti hai jab usmein kuch aavashyak vidhi-vivah samapt kiye gaye ho, jaise ki saptapadi (saat phere), vivah samagree ka upyog, aur dono pakshon ki sahmati. Mandir mein ki gayi shaadi ko bhi manyata mil sakti hai agar usmein Hindu ritiyon ka palan hua ho.Sirf photo mein sindoor bharna shaadi ka poora saboot nahi hota. Yeh ek supporting evidence ho sakta hai, lekin kanooni roop se shaadi ke liye dusre documents jaise shaadi ka certificate, mandir ke pujari ya gawahon ke bayan, aur shaadi ke samay ki video recording bhi mahatvapurn hoti hai.Agar aap court mein is shaadi ko pramaanit karna chahte hain to aapko yeh sab supporting evidence dene honge. Bina registration ke bhi Hindu shaadi valid hoti hai agar usmein vidhi-vivah hua hai, lekin court mein usse sabit karna thoda mushkil ho sakta hai jab tak proper documents aur gawah na ho.Dhanyawaad.Adv. Shivam Kumar(Practitioner in Family and Divorce Law)

Q: Want to talk to a lawyer regarding filing divorce petition.

My religion is islam. I want to file for divorce and need consultation regarding that

Advocate Shivam Kumar answered
As per Islamic law, divorce (Talaq) is permissible but must be handled with sensitivity and in accordance with both Sharia and Indian legal requirements. Since you follow Islam, you may seek divorce through one of several methods: Talaq (by husband), Khula (by wife), or Mubarat (mutual consent). If you are a woman seeking divorce, Khula is the preferred route, which requires your husband’s consent in exchange for relinquishing your dower (mahr). If both parties agree, Mubarat can be opted for.Under Indian law, especially post the Shayara Bano vs. Union of India judgment (2017), instant triple talaq (Talaq-e-Biddat) has been declared unconstitutional and criminalized. Therefore, the divorce must follow due process. Documentation, legal notice, and potential family court proceedings may be necessary depending on your situation.As an advocate with experience in Islamic divorce matters, I, Advocate Shivam Kumar, can guide you through every legal and procedural step—ensuring your rights are protected and the process is completed lawfully and respectfully. I will also help with filing notices, preparing documents, and, if needed, representing you in family court for Khula or any associated matters like maintenance or custody.Feel free to proceed with confidence. You deserve a smooth and legally secure resolution. Your matter will be handled with complete confidentiality and dedication.

Q: Jehsburmd shekenkr sjsiiejdnka jakekkellt jdkkemlelen kekekmenbd hdjje

I want to file for divorce and need consultation regarding that.

Advocate Shivam Kumar answered
Dear Client,I understand that you are seeking guidance regarding filing for divorce, and I assure you that with the right legal support, the process can be handled smoothly and respectfully.Under Indian law, there are two main types of divorce: Mutual Consent Divorce and Contested Divorce. If both spouses agree to separate amicably, a mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955 (or relevant personal law) is the fastest and least contentious route. It typically takes 6 months, provided both parties appear before the court and file jointly.In case of disagreements on issues like child custody, alimony, or allegations of cruelty, adultery, desertion, etc., a contested divorce may be filed. This process takes longer and involves presenting evidence, attending multiple hearings, and possibly mediation.As Advocate Shivam Kumar, I specialize in family law and have assisted numerous clients through this sensitive phase of life. Divorce cases require not only legal expertise but also empathy and confidentiality—values I uphold in every case I take.Before filing, we’ll need to consult and evaluate your specific grounds for divorce, gather necessary documentation (marriage certificate, ID proofs, etc.), and decide the appropriate jurisdiction.Let me take care of the legal process so you can focus on rebuilding your life with peace of mind. I encourage you to allow me to represent your case with the professionalism and discretion you deserve.Warm regards,Advocate Shivam Kumar

Q: Legal separation from family and their inheritance

A couple of years ago, I verbally separated from my family and moved to another city, leaving behind only a note. I did this after enduring a year of extensive mental trauma caused by my family’s decisions.I want to understand the legal process of fully separating myself from my family and any rights to their inheritance. I do not want a single penny or any kind of financial share in my family’s property.Note-I do not want my family to know that I am legally preparing to separate from them.

Advocate Shivam Kumar answered
Under Indian law, there is no formal process called “legal separation” from one’s family unless it involves a spouse (under marriage laws). However, if you wish to renounce all rights to your family’s property and inheritance, you can do so through a Registered Relinquishment Deed or an Affidavit cum Declaration, depending on your family's property status (ancestral or self-acquired).You can legally disassociate by executing a Relinquishment Deed, stating you are voluntarily giving up all current and future claims on family property. This must be registered at the sub-registrar’s office. If no property is yet inherited or partitioned, you may draft a legal affidavit declaring your intent to waive any rights. This document, though not enforceable like a deed, reflects your clear intent and can be used as supportive evidence later.Since you wish to maintain confidentiality from your family, all procedures can be conducted independently and discreetly. Your personal appearance can also be minimized with a power of attorney, and I can assist you in ensuring complete privacy in this process.As Advocate Shivam Kumar, I specialize in family law and sensitive legal disengagements. I can help you prepare all required documents legally and securely, ensuring peace of mind while respecting your emotional boundaries and need for privacy.Please feel assured that your case will be handled with empathy, confidentiality, and complete legal precision.

Q: Request for Guidance: Correction of Father's Name in CBSE Class 10

Request for Legal Guidance: Correction of Father's Name in CBSE Class 10 Certificate – Affidavit Submitted, School Referred to CBSE, Now CBSE Seeking Verification of Documents

Advocate Shivam Kumar answered
Dear Client,Thank you for your query. Correction of your father’s name in your CBSE Class 10 certificate is indeed possible, provided the correct procedure is followed with documentary proof. Since you have already submitted an affidavit and the school has referred the matter to CBSE, the board is now seeking verification of supporting documents. This is standard procedure under CBSE by-laws.You are required to provide documents that establish the correct name of your father—such as a government-issued ID (Aadhar, PAN, Passport), your birth certificate, and the school admission register entry or form where the correct name appears. In some cases, additional supporting affidavits or a gazette notification may be required, especially if there is a substantial discrepancy.As Advocate Shivam Kumar, I have successfully handled several such correction matters with CBSE and other boards. My approach includes a thorough review of all documents, drafting precise representations, and ensuring follow-ups with both the school and CBSE. I also assist in preparing any additional affidavits or legal documents needed to strengthen your case.This process requires legal precision and timely representation to avoid rejection. I recommend you allow me to take up this matter to ensure that it is resolved efficiently and in your favor. You can rest assured of complete transparency, regular updates, and professional handling.Looking forward to assisting you in getting this correction done smoothly and without delays.Warm regards,Advocate Shivam Kumar