Advocate Shubham Agarwal

Questions Answered by Advocate Shubham Agarwal (50+ answers)

Q: My husband and inlaws forcibly expels me from their house,not communic

Husband and inlaws force me to get divorce.l am a primary teacher under West Bengal. Husband is deputy manager in national insurance. May I get allemony and maintainance.

Advocate Shubham Agarwal answered
Your salary does not bar you, but it affects the amountIn February 2026 the Allahabad High Court held that a working wife cannot be denied maintenance only because she earns. It upheld Rs 15,000 a month for a wife earning Rs 11 lakh a year, saying the aim is dignity and a lifestyle matching the husband’s status, not just freedom from poverty

Q: Boundary Wall Dispute: Strongest Agreement and Limitation Protection

My neighbour, Deb Roy, promised before two witnesses to reconstruct our damaged boundary wall but has failed for over two years. Which of my four documents (1) is strongest and most enforceable to secure reconstruction entirely at her expense within 1–2 months, without litigation? (4) Which limitation provision and starting date apply under the Limitation Act, 1963? Is my estimated 6-7-months (take into account that she promised verbally 2+ years back) can I protect my rights before expiry?

Advocate Shubham Agarwal answered
Send a legal notice through an advocate. It should set out the promise, the witnesses, the damage and a cost estimate, and give 15-30 days to either reconstruct or sign a settlement.Than if he does not respond to that notice or does not pay any heed than it will become a fresh ground of filing a suit and the limitation period will begun from that time.

Q: Husband files mutual but unwilling to give now.

I have filed a contested divorce from my husband on 2024 and the case was on going untill he agreed for the mutual petition. There was a case of 498a and a maintanence case and maintainance execution case on him which are agreed to be withdrawn .The petition filed on August this month. Now he keeps on saying he will not sign the 2nd motion and I have to stay with him or else he will make me suffer. How can I get the divorce fast since it is more than 2 years now I am fighting the case.

Advocate Shubham Agarwal answered
The Supreme Court has recognised that it can dissolve a marriage on the ground of irretrievable breakdown in the exercise of its extraordinary powers under Article 142 of the Constitution. In a January 2026 Constitution Bench judgment, the Supreme Court reaffirmed that this power is discretionary and depends on the facts of the case.

Q: Mutual divorce and alimony issue

Mujhe mutual divorce chaiye. Lekin mera MRS divorce nahi Dene mang rahi he, 50lkh se 1cr demand he. idhar mujhe gali deti he aur paisa mangti he , mukhe mentally torture karti he. Kaise mutual may laye ? Mujhe fasane ko kosis kar rahi he. Kya kare

Advocate Shubham Agarwal answered
Sabse pehle: mutual divorce zabardasti nahi ho saktaHMA Section 13B mein dono ki sahmati zaroori hai. Court ne kaha hai ki mutual consent decree milne tak bani rehni chahiye. Kai High Courts ne yeh bhi kaha hai ki koi bhi party decree se pehle apni sahmati wapas le sakti hai, chahe pehle koi settlement ya undertaking di ho. Isliye wife agar nahi maanti to sirf mutual route se divorce nahi milegaKisi achhe family-law advocate se milein aur sabhi saboot saath le jayein.Pehle lawyer ke zariye settlement ki koshish karein.Agar wo nahi maanti, to contested petition ki taiyari karein.

Q: If the petitioner (plaintiff) has made any contradictory or inconsiste

If the petitioner (plaintiff) has made any contradictory or inconsistent statements in two different paragraphs Should we mentioned in written statement or in cross examination which will be correct approach.

Advocate Shubham Agarwal answered
The strongest approach is generally to plead the material inconsistency in the Written Statement, preserve the point for determination, and establish it through cross-examination wherever appropriate.