Advocate Tarun Sharma

Questions Answered by Advocate Tarun Sharma

Q: Maintenance case against my husband

Husband has filed section 9 RCR to call me back whereas I have left him due to mental disturbance given by him in marriage like not Taking care of basic needs and asking the money back which he paid me when I asked for my need.He didn't arrange practically anything for my pregnancy delivery but verbally he said his family will help but his family saying call your mother to help you.So,these many politics happening and effecting my daily activities mentally.Unfortunately,we have 5 months old son .1 year of arranged marriage.Iam also working but less salary.So,n1) i want money back which my parents gave at the time of marriage.2 ) I want to set my son's future which is impossible alone with my salary.3) i don't want to be with him at all.

Advocate Tarun Sharma answered
Divorce case is contested in family court. You shouldn't be nervous if you have not done anything wrong. Judges decide a case based on the facts and circumstances. I dont think that you should worry about court proceedings. You should boldly face the judge and answer him/her whenever they ask you something. Your lawyer shall manage the rest.

Q: Receiving Calls from CAW, Rani Bagh, Delhi

My mother, a 68 year old lady, has received calls from CAW, Rani bagh, Delhi that she and me (daughter) has to appear before CAW as complaint has been filed by brothers wife against us. They are not telling us what the complaint is about.... they are asking us to just appear before them. For your information, My brother and his wife are living seperately from last 3years and are constantly demanding property and money from us.

Advocate Tarun Sharma answered
CAW cell cannot compel the presence of the respondents when a complaint is filed with them. There is no harm going in the CAW cell but it is a gesture that you haven't done anything wrong and that you are co-operating in the process of law. Mostly only husband's are required to attend the proceedings at CAW cell. Other members of the family are called in rare cases.

Q: Mutual Divorce denied after the first motion.

Me and my wife has been married since 2011 and due to some temperamental differences we got separated in 2017, and started living departed. Since then she has filed CPC 125, 498 A and Dv Act against me. The counseling done in CAW cell and i tried making my point clear that i was harassed by her and i am at no fault, however no one ever tried understanding me and said that i was guilty, now court sessions started. She stated that she needs to settle that mutually, i agreed to it, she demanded a sum of 20 lac i said that cant afford i am rented , My 5 years kid is also taken by her, and then she came up to me settle the things in 5 lac and i agreed to it, MOU was prepared and 13B(1) was filed and was ordered by court wherin i gave 2 lac initially, and it was writtten that she will take the cases off in 15 days. . Now on the DV date she said wih a changed lawyer that she was not aware that it was a divorce and was pushed into it and was ready to return my 2 lac.NOW what shal i do in this

Advocate Tarun Sharma answered
Your wife initially agreed for a settlement at 5 lacs but now someone might have told her that she can extract much more from you. You have only 2 options. First option is that you take back the money given to her and contest the case on merit. Otherwise if you want to surrender before her then you will have to change your offer with a bigger amount. If you have not done anything wrong then you should contest the case on merits.

Q: Wife and inlaws threatening to file police case

My brother and his wife has regular argument and she often mentioned of divorce and police case. Even her parents mention the same of police case when had a word with them. So, I want to know what should I do for all (brother, parents and me), anticipatory bail or any other procedure to get way from any harm and embarrassing situation. And I don't want my brother's wife or anyone know about the proceedings.

Advocate Tarun Sharma answered
Family laws are inclined towards women. In your case if she is threatening of false criminal cases and divorce then take her threats on record and file for divorce on ground of cruelty before she does.

Q: Jurisdiction and right of family welfare committee

Does Family welfare committee have the option of not recommending for FIR if they dont find any merit in the case?

Advocate Tarun Sharma answered
Family welfare committee is actually Crime against women cell (CAW cell). Yes FIR are being registered on their recommendation. Investigating officer shall take keen interest in converting the complaint into an FIR if reconciliation effort fails in CAW cell.