Advocate Vishnu Dutt Sharma

Questions Answered by Advocate Vishnu Dutt Sharma

Q: How can I claim my jewellery back if mutual consent petition filed

I am 29 yr old female married in Delhi. My husband didn't want to continue the marriage, so he pressurized, and threatened me and made me sign Mutual consent divorce petition without Alimony. He threatened that he will insult my parents if they come to know about this divorce, and he wanted me to live in his house till the second petition. He didn't even want me to tell about divorce to my in-laws. He thought they would try to patch up things, which he didn't want. So I have not received any jewelry or my money which I had spent on his family for the last one year. Since I have already signed the petition, under pressure which stated I have received the settlement, I am afraid that he will not keep his word, and will not give anything back to me. I have now told everything to my parents, and his in-laws. I also don't want to continue this marriage, I just want the settlement amount and my jewelry. What should be done, in case he does not give the settlement back?

Advocate Vishnu Dutt Sharma answered
Don't worry. Divorce through mutual consent cannot be passed without consent of both parties. You may withdraw your consent anytime if the decree of divorce has not been granted by the court. Ask him to pay you alimony before second motion filed, else if he doesn't agree you have other remedies. Be strong and get your rights..

Q: Parents and relatives threatening if i marry a person of my choice

I am the age of 24 and my bf is of age 28.we want to marry to each other..but when i told my wiah to my parents my relatives came and thretened so many times to kill both of us..at taht time they detained me in house and dont let me to go outdide for job..they also torchured me mentally and physically..i am so scared..my job is in kolkata and my bf job is in some other state..i dont want to live with my parents. What action can i take?

Advocate Vishnu Dutt Sharma answered
You can marry a person of your choice if both of you are not minor and not from prohibited relations. You can Lodge a complaint to police station and also ask for protection,, marry with him under Hindu marriage act if both of you are Hindu otherwise marry under special marriage act. And be sure that your marriage is registered legally under above said provisions.

Q: Validity of divorce if alimony installment pending

I am Rajni. I am divorce. I am going to be married to a person who is divorce But he is saying that he has taken divorce but the last installment left to pay to a wife beside it he is also saying that his case is going on a higt court. Can u suggest me boys divorce is valid 2) why is case is going on high court

Advocate Vishnu Dutt Sharma answered
Hallo Rajani,Better you check the details of the case pending against him. In 498a cases the F. I. R. is quashed by high court after all the installment of alimony paid. In this case if decree of divorce has been granted, the divorce is legal, but if FIR is not quashed or alimony not paid it may be wrong to that person

Q: To make a case against my brother

Our home is owned by me and my father. I am having serious personal issue with my brother and I don't want him to stay in my house. Can I legally force him to leave the house? My father will not like this idea but I want to do it. Please help me.

Advocate Vishnu Dutt Sharma answered
Dear, if you are living at your father's home, you can't legally force your brother to leave without your father's consent. You may go to partition of your home if possible. One more thing that it depends the issues you have with your brother, better to consult a lawyer properly