Advocate Soma Pandey

Questions Answered by Advocate Soma Pandey (100+ answers)

Q: Getting decree of divorce if wife not appearing in court for proceedings

what happens if spouse does not show up for divorce court in india ?,in divorce case if wife is not present in the court then how many days court given decree to husband favour

Advocate Soma Pandey answered
In the case of divorce if your wife is not appearing even after getting summons served upon her, the court may proceed the divorce process ex-parte and her opportunity to contest will be closed. However, it depends from court to court how soon this shall be done. Contact your local lawyer for the same.

Q: FIR 498A filed 6months ago, police not filing chargesheet

An FIR was registered with sections 498A, 406, 504 IPC & 509 6 months ago against the husband and inlaws. Husband hiding abroad citing pandemic and job since 1.5 years (marriage of 2.4 years) no maintenance, no support. Police delayed the investigation and now not filing a chargesheet. Taking husband's statement over email. The husband's lawyer threatened & asked to withdraw the case and pay lawyer fees and his parent's expenses or else he won't give a divorce. Is it morally right? I have full faith in the indian judiciary but the charge sheet isn't being filed, always some excuse. What to do?

Advocate Soma Pandey answered
you can file an application for progress report report in the court.neither lawyer or your husband can threaten you to withdraw the cases and in order to get divorce, you can go for contested divorce, proving your grounds for divorce. you will also be entitled for maintenance and alimony.

Q: Mother being subject to cruelty by brother and his wife.

My middle brother who is married lives with parents. Other two brothers including me live overseas. And sister who is eldest is married and live in Lucknow too. The issue has started as my brother refuse to work and so do sister in law. They provoke relatives and known people to harass other family members by spreading rumour. This brother threaten all siblings and use rough body language against mother. He has been pressurizing parents to give all property and pension control to him. He and his wife spends money on themselves and when mother object they tained her as mental, and when sister intervened they spread rumour against her that she is having affair, fought with her on many occasions, when I as a brother tried to take a stand then he picked up physical fight for no reason with mum as witness. Father has been greatly influnced as 80 percent property under his name. He is rude to even mother and other siblings. What to do ? I need to go back and work but need to save my mother.

Advocate Soma Pandey answered
It is really sad to read this. Your mother can take legal action against them and shall meet a lawyer. Apart from that she can contact one stop centre woman helpline as well as if she is a senior citizen, she has measures under senior citizens act as well.

Q: Who has the legal right to sell the property

Who has the legal right to sell the property after the death of husband.he have 4 childrens.2 from first wife in which 1 are mentally challenged and 2 from second wife who was alive and 1 Children from them is under 18 year age.

Advocate Soma Pandey answered
If second marriage was solmenised in the lifetime of first wife and without divorcing first wife then first wife and four children are legal heir of the non agricultural property equally. The mentally challenged child will have share and his mother or any person can be appointed his Guardian. In case second wife was married after death or divorce of first wife, four children and second wife will have equal rights. kindly contact a local lawyer for more information with documents of property. best regards

Q: Regarding punishment in case of not paid maintenance by husband

What will punishment if maintinance not paid by husband

Advocate Soma Pandey answered
Your husband can be jailed by the order of court on your application. You need to move application for recovery warrant.Even an order from salary deduction may be passed by the court on your application if your husband is a salaried person.kindly contact your lawyer for more information.