Legal Advice

Husband don’t want to live with his wife.

Query

It's my arranged marriage. I want to live with my husband, he is working in another state and me staying with his parents. His parents and my husband don't want me to stay with him. Now they tortured me to leave that place so that they will marry their son. What should I do? Suggest me.

Advice

You have a right to live with your husband. He cannot refuse without any cogent reason to live with you. You can take legal action against him under the Domestic Violence Act (DV Act). His parents have committed domestic violence. You have a right to live in the matrimonial home. Your husband is working in another state. Hence, this house is the shared household in the DV Act. 

File a complaint under Section 12 of DV Act

You should file a complaint under section 12 of the DV Act. If you are not in the position to file the complaint then you can take assistance from a protection officer. The government has appointed a protection officer in each district for providing the legal help to the person aggrieved of domestic violence.

File a civil suit under Section 9 of the Hindu Marriage Act

You are entitled to claim restitution of conjugal rights. Your husband has without any reason refused to live with her. If desertion has been for more than two years then you can file a suit for restitution of conjugal rights. 

Claim maintenance under Section 125 of CrPC

You should claim maintenance from your husband. Since he has neglected you and does not advance any financial assistance then you have a right to seek maintenance from him. Section 125 of the Code of Criminal Procedure (CrCP) provides a swift procedure to get maintenance from husband. when the husband having sufficient means neglects or refuses to maintain his wife then wife can claim maintenance under section 125.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Latest Advice

Builder not providing parking spot as per the approved plan

Of the total parking slots allotted, two flats, 1503 and (705-6) are allotted spots on ‘humanitarian grounds.’ These two homes pay INR 2500+ per month for parking. Nominal parking rates in the building are Rs 200 per month. These houses with nominal parking rates have bought/included a parking spot as part of their main agreement itself. Currently no parking in the building is under stilt or in the garage. All cars are parked in the open and have no assigned/designated spots. In 2017, a SGM resolution was passed to take parking charges from flat 1503 (mine) as part of monthly maintenance. However, since Jan 2023, I have been asked to pay these charges in advance. Parking charges have been paid up to September 2023 in two instalments. Both the above instalments have been paid under ‘delayed circumstance’ due to the ongoing discussions to add, A total of 45 parking spots have been approved by BMC K-Ward and 1 each has been made available to tenants/members in houses with carpet area above 70 M.sq. One of the two houses is mine, aka 1503. (can share the exhibit if needed) My question therefore is:
1. Can the builder and later the society make allocations against the BMC’s approved list? 2. If yes, can I as owner and member of flat 1503 – question the MC/society and get my parking spot back? 3. Can the MC charge different rates for parking spots, those given via agreement and to those on ‘humanitarian grounds’? How do I fight this and what precedences and legal recourse do I have? Details: I am the house owner. The house is in Andheri, Mumbai, Maharashtra The building has two banks – which have been allocated 10 instead of 7 spots as per BMC approved list (can share if needed).

Labours are frequently entering our premises without permission

My neighbor’s plot is under construction, and the contractor and labours are frequently entering our premises without permission. They have also failed to clean up the construction materials and waste from our property. When I asked them to address this issue, the owner of the property used abusive language towards me and my family. Do you have any advice on how to handle this situation?

Can I seek quashing of FIR on expiry of limitation period?

FIR was charged against me on 02/05/2019. I was called to the police station on 02/12/2019 and was released on station bail. They have charged IPC 354 D (stalking through email). But after which no response was there. Recently I got a govt job and when applied for a police clearance certificate I came to know the FIR is pending. The police have not filed charge sheet till date to my knowledge. Can I quash the FIR based on expiry of limitation period.

My boyfriend raped me in the influence of narcotics drugs

Boyfriend had raped me after I said no to sex. I live in xxxxx, I was visiting my boyfriend and stayed at his flat at that time in xxx. We have been in a relationship of 1 year.  We’ve had a physical relationship where we had consensual sex whenever we met. He had been under the influence of Marijuana (and I don’t know what else) when he didn’t respect my no and raped me last week. This has happened once before with him (also when he was on the same drugs, some months ago) but he promised that it won’t happen again. He is a drug addict and takes it 2-3 times a week, at least for the last 5 years. What charges can I press on him?

What actions should you take against an attempt to murder?

My neighbour has attempted to murder in a land dispute. He along with others came to my house with firearms and started shouting, abusing and hitting my gate. When I came out to stop them from doing such a violence, they broke out and beat me with a club and sharp edge gandasa. I suffered some minor injuries on my arm, back and thigh. One injury on my head is severe. That is life threatening so I want to take proper legal action against them. Please suggest what actions I should take against them for an attempt to murder?

India: The Emerging Hub of Cyberstalking

Introduction: The digital age, while bringing numerous benefits, has also opened the doors to new forms of crime. With its massive internet user base, India is grappling with the dark side of the digital revolution: cyberstalking. While the country prides itself on...