Advocate Sumedha Sharma

Questions Answered by Advocate Sumedha Sharma

Q: How to prove spouses living separately for a mutual consent divorce

Husband and wife living under the same house, however in different rooms, with no physical relation between themselves. Is it evident enough to prove they have been living separately. How to prove it in the court

Advocate Sumedha Sharma answered
the mandatory condition " Living separately " connotes not living like Husband and Wife. it has no reference to place of living. The parties may live under the same roof and yet they may not be living as husband and wife. The parties should have no desire to perform marital obligaton

Q: My husband notbready to leave our house which is owned by me (wife)

I m planning to file a divorce since my husband hasnt worked in years and doesnt want any babies and is abusive with anger issues. We currently live in the house which was bought by me and i pay its EMIs as well( is registered on my name) . I have asked him several.times to leave as he fights n abuses me almost everyday but he doesnt leave. My query..if i file a divorce can he still continue to stay in my house or can i then legally ask him to leave?

Advocate Sumedha Sharma answered
In this scenario you Can file an application under the Domestic Violence act against your husband for residence orders where in the court can order for eviction of your property by the Husband. The court may also impose any additional conditions or pass any other direction which he may deem reasonably necessary to protect or to provide for the safety of you or your children. You can further report the incidence of domestic violence to any nearest police station, after filng an application under the domestic violence act the court may also direct any officer of the nearest police station to give protection to the aggrieved person or to assist her or the person making an application on her behalf in the implementation of the order. Further you can file divorce on grounds of cruelty

Q: Got married onRs 100 stamp paper without getting divorce from first

A Hindu man has married a Muslim woman without getting divorce from his first wife.Case u/s 498,406,DV act and divorce are pending in session court. Marriage is done on a notarized 100 rs stamp paper (Titled - IKRARNAMA VIVAH). What action can first wife take based on that document.

Advocate Sumedha Sharma answered
The marriage has been registered on a notarized 100rs stamp paper,The first action that a woman shall make in this scenario is to make a complint to the nearest Mahila Thanaor the woman commission against the Husband for immediate relief.

Q: Family not letting the family of son move back in after separation

Sir, Me and my husband or humara 14 months old baby boy separate rehte hain family se alag rented house me. Husband ki family me mere husband ke parents or husband ke elder brother or unki wife or two daughters hain, ye sab sath me hi hain. Hum log shaadi ke 3-4 months baad hi separate ho gaye thei family issues ki wajah se. Now we r facing financial prblms, and we r helpless. Now we want to go back there again, but they r refusing. Now what we can do legally pls, advice us.

Advocate Sumedha Sharma answered
Dear ma'am, As per a recent Judgement of Delhi High Court a son irrespective of his marital status, has no right to live in the self acquired house of his parents and can only reside their after their due permission. However if the house is an ancestral property of a Hindu Joint Family which has been transferred to the father under the Hindu Succession act the the son is rightly entitled to reside in the house. So if it is an ancestral property we can file a partition suit .

Q: In case of incapacity to pay, how will the complainant be compensated?

My question is that if an order is passed by a trial court u/s 138 NI Act that the defendant gets punishment of jail term (imprisonment) for 1 year and a fine of 5 Lac rupees, out of which 4 Lacs will be paid to plaintiff. In case, if he is unable to pay the fine of Rs 5 Lacs, then his jail term will be exceeded by 6 months. I want to know, that if defendant doesn't pay the fine and completes the extra 6 months jail term, then do i have any remedy for getting the money back ?

Advocate Sumedha Sharma answered
An application for attachment of property under the civil procedure code or section 60 of the Negotiable instrument act of the property of the defendant can be put before the court and thereby compensated