Advocate Sidharth Arora

Questions Answered by Advocate Sidharth Arora

Q: What to do if I'm not ready to pay interim maintenance

Today, 26.09.18 was my 1st date of hearing u/s125. We (me+my lawyer) expecting a date for submitting our reply, affidavit etc. my last unsuccessful mediation date was 22.09.18 from where case is back to magistrate. During hearing judge didn't listen anything about my concern, just asked salary and company name and give a judgment of interim maintenance of 20k per month while my salary is just 40k and my actual liability is approx 35k. It is really a surprised for me as well as my lawyer that judge even don't want to entertain our side. need immediate help and suggestions

Advocate Sidharth Arora answered
S.127 criminal procedure code may come handy to you.Though it is a long shot but you have nothing to lose. In any case the maintenance will not be increased if you start assailing right now.Try and explain the 'change' of circumstances- which will be the ground for alteration in maintenance. You need good lawyering.

Q: Today's judgment on adultery whether retrospective or prospective

Is today's judgment prospective ?The cases already pending in the court will be proceeded for the judgment abiding by this judgment or not ? Actually one of my relative has filed an adultery case against her wife's lover and has all the proofs. So now does the new judgment will be followed or an old one only?

Advocate Sidharth Arora answered
All criminal laws are prospective in nature. article 20(1) of the Indian Constitution in the following words:No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which have been inflicted under the law in force at the time of commission of the offence.This means NO ex-post facto law.

Q: I want a divorce & separation from wife

My wife wants me to separate from parents...putting false allegations to my mother & brother...what should I do

Advocate Sidharth Arora answered
This is cruelty as per Hindu Marriage act 1955.It can be a strong ground for divorce if you pursue firmly and wisely, this is of course IF you want to divorce your wife. Nowadays Mother-in-law can also initiate DV proceedings against D.I.L.

Q: Complaint against in law for domestic violence.

I was married 3 months back, my in-laws told me that my husband owns a office and has his independent business but in reality the office (property) belongs to my husband but all my husband earning is taken away by my father-in-law and brother-in-law as he do not earn enough to run the family. when my husband and I wanted our share they started torturing me. They denied to give me anything. They even refused to give me convenience to go college. They also pressurized me to do house work instead of study. They also had a problem with gold and dresses I wear that was given as gifts by my parents. They never offered me proper meals. when my husband supported me and asked for my rights, my father in law beats him and abused him. when we still refused to forgave our rights, father-in-law and brother-in-law threatened us that they will file a fake case against my husband of fraud and made us leave his house. What can I do to get my rights?

Advocate Sidharth Arora answered
File a DV petition right away. It provides for almost all prayers that you are looking for. Your husband can seek his rights in civil/ criminal (for threats) proceedings.Adv.Sidharth AroraNew Delhi

Q: Property on mother's name,can she ask brother and his wife to evacuate

We are three sisters and a brother. Two of the sisters are married and one is unmarried who lives with the mother, My brother and sister-in-law lives with her long with their daughter. This house is owned by our mother, our siste-in-law does have good relations with us and she has also abolished our mother physically and verbally. Our father passed away after long illness and brother is not taking any actions against his wife. Our mother would like our brother and his wife to evacuate our mother's property but they are refusing to leave. Our mother wants to give this house to us three sisters as our father has already given property to our brother. Can my mother create a will for us three for the said property so our brother can't dispute it later? Can we obtain a evacuation notice from court asking them to leave the property? Do we need to involve police or women cell? Brother says he's happy to leave but his wife refuses to leave our property, can we trust him?

Advocate Sidharth Arora answered
Yes evicting your brother is possible if your mother is the sole owner.She can of course leave a will in your ( in anyone's name)Your brother's wife has no right to your mother's property.Thanks and Regards