Advocate Shivam Sharma

Questions Answered by Advocate Shivam Sharma (100+ answers)

Q: Divorce after 10 years of marriage is a common occurrence in India?

I have been married for 10 years and have two children, aged 8 and 3. We have trust issues, privacy concerns, interference from in-laws, lack of transparency, and many other issues. It has become impossible for me to continue adjusting and compromising. I tried for 10 years due to family pressure and for the sake of our children, but I can't continue anymore. Please guide me on a smooth separation process considering divorce after 10 years of marriage in India.

Advocate Shivam Sharma answered
You have not disclose your religion which is essential before answering the same. I will assume that you are a Hindu for the same of clearing.Talk to your wife , if she feels the same and agree for Divorce then you can go for mutual divorce which is very easy because you both mutually agree for Divorce.Otherwise you have to file for Divorce satisfying conditions prescribed under section 13 of the Hindu marriage act.

Q: What is supreme court judgments on roof rights?

I am in Palam area ,new Delhi .Recently the top floor owners are making porta cabin another owner made pacca one one set room at the terrace saying that they have exclusive roof right. Is it possible? Can we lodge complaint at consumers forum? Can builders give exclusive roof rights to top floor owners?

Advocate Shivam Sharma answered
Yes , It is possible if they have exclusive right over the same amd you cant do anything if that doesnot violate your easementary right.You should check your Registered deed , i am sure you will get something from it regarding terrace.No , you can not approach consumer forum against them since you are not their consumer.However you can file a complaint in RERA against the builder , since it is more appropriate.

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).