Advocate Sunita Sharma

Questions Answered by Advocate Sunita Sharma (25+ answers)

Q: Pita KiAnukamp Ki Duty Lagane Par Maa Ne Maintance Ka Kes Kiya Hai

Mere husband ko unki pita ki anukamp ki duty lagi hai aur unko ek badi bahan chota bhai aur maa hai hamari shadi ko 5 sal huve mere nanad ne shadi apane marji se ki hai aur mere husband maa aur chote bhai ko lekar quater me rahate hai ab maa ki dekhbahl aur chote bhai ki padhai ki aur plot leke ghar banaya usaki emi chuka rahe hai hamare shadi ke 3 sal tak sath rahate the lekin kuch anaban hone se vo quater chodakar ghar chale gaye ab unhone mere devar ki shadi ke liye kuch paiso ki demand ki hai to hum dene vale the lekin unhone vakil ka notice bhej diya to hamane paise rok diye to maa ne maintance ka kes dala hai to kya mere husband ki duty par koi khatara hai kya aur mere sasu maa ko pension milati hai to maintance dena padata hai kya aur mere devar ki shadi ke liye paise dena jaruri hai kya vo abhi 32 sal ka hai aise me kya karana chahiye

Advocate Sunita Sharma answered
Aapke husband ki duty par koi khatra nahi hai. Maa ko agar pension mil rahi hai to maintenance ka adhikaar tabhi banega jab pension se guzara na ho. Aapko apne devar ki shaadi ke liye paise dena kanooni roop se zaruri nahi hai, chahe unki umar 32 saal ho. Maintenance sirf maa-bap, patni aur chhote bacchon ke liye hoti hai, bade bhai ya devar ki shaadi ke liye nahi. Aapko vakil ke notice ka likhit jawab dena chahiye taki aapki position clear ho sake

Q: Timelines for mutual divorce settlement - is this possible in one week

Me and my husband are ready for mutual consent divorce. We are living seperately from last 1.3 years.He is saying we will do settlement.Can I get divorce in 1 week.I am facing financially difficulties. So I need money urgently, for survival.I am working but due to debt facing issues.

Advocate Sunita Sharma answered
Mutual consent divorce normally takes 6 months, but since you are separated for over a year, you can request the court to waive this period. Settlement terms must be properly recorded, and you can claim maintenance or a lump sum for your financial needs. Do not agree without a clear written settlement to protect your rights.

Q: Process post Exparte Order to exhibit

Spouse is missing since 2 years; police complaint filed on the day of disappearing; exparte order given by the court; as per evidence, missing complaint is placed; police is requested to be present; but police didn't appear; another date is given; my question is if police will not appear even in the next hearing; what should be done? should the next step will not be taken by the court till apolice's presence as witness?Is there anything what I can do to expedite the situation?Kindly guide.

Advocate Sunita Sharma answered
since the court has already passed an exparte order and directed the police to appear, their repeated absence amounts to non compliance. in such a situation you should file an application before the court. you can also approach the superintendent of police with a written complaint.