Advocate Shivam Sharma

Questions Answered by Advocate Shivam Sharma

Q: Wife not refusing but also not coming for second motion

First motion happened 17 months ago. Wife asked for time till 18 months for 2nd motion but not responding now. There was no date given by court after first motion to appear in the court for 2nd motion. What are the options available to me now? Under which section can I file petition in court to show that I am willing to sign the second motion but the wife is not responding.

Advocate Shivam Sharma answered
Your wife has all the right to refuse and withdraw herself from second motion and there is no provision available on the law by which you can approach hon'ble court in such case.However you can send her a legal notice through advocate asking whether she is interest in second motion or not k and if not then demanding the amount paid on first motion ).

Q: Cheque bounce case- no reply of legal notice

In case of no reply of legal notice within 15 days can we issue warrent to accused party? Can we transfer cheque bounce case to fast track court and if answer is yes then what is the procedures?

Advocate Shivam Sharma answered
Warrants are issued by the courts. If the accused has not replied to your legal notice 15 days frok receipt then you can file a cheque bounce complaint against him within 30 days after that.No there is no procedure to tranafer it into fast track.However cheque bounce case is itself a summary trial.

Q: About legal notice of separation from parents

Sir, i am 20 plus old and had published a public notice in newspaper about being separated from parents. I want to know if i move out from their house and stay in live in relationship with my partner , can my parents trouble us legally? If yes then what can i do? Also i am financially independent . Please help.

Advocate Shivam Sharma answered
What kind of trouble are you presuming from your parents side ?There is no law by which you can seperate yourself from your parents. Perhaps you are an independent citizen , hence it is your right to live as per your wish even if it is seperated from your parents( They can't decide your life).

Q: TenantLandlordCase Not Vacating Flat

I had flat in Delhi and had agreement with tenant for 1 year on it , now I asked to vacate my flat and send notice to him. but, he's just giving false commitment from last one year and doesn't vacate my flat and nor giving me rent, I filed case in court, and from 3-4 hearing he is not coming in any hearing. So, Usually how much time this case will take to give result. How can i recover my rent if the case hearing will go on for 2-3 yrs ?

Advocate Shivam Sharma answered
If you have already filed a case against your tenant and he is not appearing in the hearing.You need to check whether he is served with the summons . If yess then request the court to proceed against him exparte.Rest your advocate will be the best person to advice you.

Q: How to check divorce papers are real

My friends have divorced from their wife. How should I check divorce is real not fake papers. I see the divorce papers but m not sure for divorce.

Advocate Shivam Sharma answered
If you are sure about the authencity of the paper then you can apply for certified copy of the Divorce paper.Though it is difficult to advice ypu without checking the papers.Get it checked from an advocate.