Advocate Sumit Kumar

Questions Answered by Advocate Sumit Kumar

Q: Son physically abuses mother to get her share in father's property

We are two Brother & a married sister. My father, who died in 2014 was the single son (with five sister) of my grand father (who died in 2016). My Grand mother lives with my elder brother in Delhi & my mother lives sometimes at my native & sometimes with me at Gurgaon. Sir, my elder brother abuses my mother, mishandled her several times at my native when nobody is there. He wants to get my mothers name out from the earned properties of my father. I offered him to leave his share in the house at native and take some other property from my share of equal value. But he is not ready for any solution. Pls suggest

Advocate Sumit Kumar answered
Your mother has a valid share and no one can take away her share until she herself gives to someone without any coercion, it's better to get the property divided by meats and bounds so that no one interferes in others share.

Q: Summons not received in maintenance & dowry case filed 3 years back

My sister filed Maintenance case, 406, dowry case, 420 case. All cases are filed Seprately in Ghaziabad court. Its been 3 years for maintenance and dowry case. And 1 year for 406=420. Nothing has been done. Not even summon in 420. Bailed on 406 after one year. How can we expedite all of our cases.

Advocate Sumit Kumar answered
It's surprising that summons are not sent in dowry and maintenance case as these to cases are amongst such cases which moves at faster speed at ghaziabad Court, it is the duty of your advocate to get it done. Hire some other competent advocate.

Q: Can I file for a divorce if me and wife are living separately

Hello, I am 30 years old and have 2 year old daughter. My wife left for her maternal home with my daughter last year after some small argument with my mother. She said she will be back in 15 - 20 days. But after around 1 month she came with her parents and some relatives to my house to discuss the issue. In that discussion it was concluded by her relatives that her parents attitude was not correct. They all left the home without our daughter. My daughter was 1 year old. Later me and my parents tried to resolve the issue. But she nd her parents said that she will come back only if I get seperated from my parents.From the past 1 year my daughter is with me. In between she sent some letters to my office and seniors levelling false allegations against me nd family. We are living seperately for 1 yr. Can I file divorce or should wait for completion of 2 years living seperately. Any other legal option

Advocate Sumit Kumar answered
Yes you can file for dovice and since you are taking care of child you are at better footing. Their are other grounds as well on which divorce can be seeked. For example: asking to leave parents, mental cruelty etc.

Q: Can i annul my marriage if my husband abuses me and treats me badly

Hi I’m Anchal Gupta, I married a guy in feb, 2018 whom I didn’t liked but due to forced by my parents not knowing him well by hindu rites. After few days we had issues related to everything. Hefteaked out on anything and start abusing me in front of others. I tolerated ince teice thinking he might change but he down his level each n everytime. He start to abuse me in front of my parents his parents and they had no issues. I have some audio clip in which he’s abusing me and threatening me to kill. I don’t eant to live with him I’m staying with my family after 1 month... and still here. Please advise how can i nullify my marriage. Please advise I really need it.

Advocate Sumit Kumar answered
Hello. If you want to trap your husband then first initiate domestic violence and maintainence case against your husband. Once these cases are admit and near to one year completion of your marriage move an application for divorce.

Q: Clarification on disadvantages for husband in mutual divorce

If divorce is filed based on mutual consent in place of divorce petition applied by wife; what will be the disadvantages of mutual consent divorce for a husband ? Note:Couple has one child of 4 years and child is living with wife.

Advocate Sumit Kumar answered
In mutual consent divorce the terms and conditions for divorce is to be decided by the parties themselves so a wife can negotiate for more maintainance for going for mutual divorce. Also the husband has to pay the decided amount in two motions. The only disadvantage is wife will sit for negotiation in terms of money for signing the mutual divorce petition. Also the future custody of child has to be decided amogst the parties themselves.