Advocate D S Chadha

Questions Answered by Advocate D S Chadha

Q: Wife want divorce what can I do

My wife wants a divorce and I'm not at all in favour of it. I want to make our marriage work. My wife is suffering from depression and other mental illness but she has stopped her treatment midway. Now all she wants is seperation and she only talks about my leaving the home forever either by free will or threatens to get me thrown out by the police. The lease of our rented house is in my name. Is there something that I can do for reconciliation or can she be forced to get treated for her mental illness. She doesn't want to get treated or counselled of her own free will. We are both hindus.

Advocate D S Chadha answered
Your wife cannot force you to take divorce untill there are valid grounds against you as per law. If all is well on your part and you want to live with her, I think she must get medical treatment immediately. You may have to find a way yourself maybe through her parents etc. She may report a complaint to the Police against you but if you are clean you will not have to undergo trouble. That is my personal experience because complaints with regard to family matters / matrimonial issues are undertaken by Women Cell as per their area / jurisdiction. Even they may summon you for a couple of times and try to resolve the issues as that is their primary objective. As far as lease is concerned, as it is in your name, she cannot throw you out of the house, but still you are not the owner of that property. So it does not matter much as far as you want to live with her and it is your responsibility to maintain her where ever she lives untill you both are divorced.I think best way is to discuss and resolve things within the family and close relatives as it does not seem that the matter needs legal support .

Q: Property acquired by HUDA in 1992 but the compensation not provided

We had some property which was acquired by HUDA in 1992. We haven't received any compensation for the same till date. What action can we take in this situation?

Advocate D S Chadha answered
The case for compensation can be filed but only after looking at all the documents and correspondence between the client and HUDA and any steps taken by them. It can only be decided after meeting and looking at all the papers as required under law and also look into the fact if limitation has not expired for filing the suit.

Q: Got call from Delhi custom to pay. what should I do in such case

i had face book frnd from UK ..whoes name is nelly james..he knows my nmber and adress he came to india...and from airport a call came to me that thy r callin frm delhi custom and i have to pay 45000 rs to them as nelly is carrying huge amount and as he knows me i can be in big trouble...i was so sacred that i payed 25000 to them on the account nmber they asked me to deposit,...m very scared now m...plsss help ....

Advocate D S Chadha answered
You should not have paid a single Rupee. Taking huge amount of currency out of India is a greater offence than bringing in India. Carrying upto USD 10,000/- is permissible generally worldwide, but even if he was carrying more is no big problem as he can just declare the same at the customs and can take back the same on his return.You have deposited the money in an unknown number. It can probably be a cheat. But still we can trace the A/c holder through Police as what you have deposited is illegal, as that person can take more advantage.