Advocate Ganesh Alandikar

Questions Answered by Advocate Ganesh Alandikar

Q: Want to separate from my husband. And keep custody of the child.

I want to get separate from my husband, but my daughter should live with me, I am working and doing savings also for my baby. There are lots of issues in between us so I don want to spoil my child with him. Please advise for my baby should permanently live with me, I am staying with my parents since January 2015 and doing all expenses by my own. Its our love marriage, I am Hindu & he is Buddhist, in 2009 we got married, we have 9 years gap in between us. We don't come up on one opinion for any single topic, there are so many fighting and I really don want to stay with him along with my baby.

Advocate Ganesh Alandikar answered
You can file petition for divorce under hindu marriage act..as well as you can also file petition for interim maintainance under section 24 in which you may get interim maintainance till the divorce petition remained in court..At the time of hearing if you mentioned contention for costody of baby than court may permit you..to keep costody of baby..if you file your petition.in proper way..than its possible to get one time or monthly maintainance to you..for that you must show the court sources of income to you husband..you can file petition where last resided both..or where marriage solemnise..

Q: Co. asking to pay outstanding amount, but not in writing. What to do?

I left my previous job. I had some outstanding amount. I asked the same from them in writing. So that there is a record. They are not giving in writing and just asking to pay the outstanding amount. Can they hold my PF? What can i do if they hold my PF?

Advocate Ganesh Alandikar answered
No they cant hold your pf.they must give you writting the dues if any against you..and you shd paid such by chek.book..or bank transaction.it will fair for you..ask them to give me writing..sothat i can arrange to make your dues...

Q: Willing to buy a Flat. some people say its illegal. Help me in this.

Hello I reside on rent in Navi Mumbai. I m willing to buy a 1bhk flat. The problem is that I see several property flat in budget but those are goanthan property navi mumbai . I hear that these properties are not legal with documents and approved and should avoid to buy. On another hand I find that people are booking these flats and all flats are on demanded. Here i m confused . need advice.

Advocate Ganesh Alandikar answered
Its very good to buy property like flats which are NA.because there r no any prob in future..reg road..etc..and NA plots can be loaned easily..but gunta plots can be only agriculture plot and planned for..commercial na...hence there may be risk..mostly..if the builders are faithful one than he can make procedure otherwise some risk...

Q: Society refusing to provide joint share certificate to me. What to do?

Sir, recently I have purchased a flat and agreement is made jointly (with my wife) but the society is refused give NOC and transfer share certificate in joint name for my housing loan requirement only they are giving in single name. Please help me will this create any problem in selling a property in future. 

Advocate Ganesh Alandikar answered
Its depend on your name in property card or municipal records.in which name the property is..so far as there will no problem for sell..if the title is clear...so far as the loan bank may take undertaking of your wife for loan..

Q: Husband wants divorce. He is trying to cancel our lease agreement.

My husband working in SBI bank as trainee officer & I am working in company.My husband has made 24 month agreement with my landlord through bak i.e bank is paying our rent. He want divorce from me & I dont want to give him as I have 2 year old child. He is trying to cancel the lease aggrement . What should I do?Can SBI cance that agreement?Can I write letter to Bank that me and my child want to live in same home.In such situation where we go?

Advocate Ganesh Alandikar answered
As per the domestic violence act 2005 you can live with husband wherever he lives..its duty of husband toward wife.to give them shelters..its not easyprocedure of divorce if one spouse decline.that ..so dont.ask sbi..for..he can only threat you..if he done so its his duty towards you and ur ur child..to protect..u..Althogh u r serving in coy no matter..maintainance order can be obtain you by court..before divorce..if he start procedure.under section 24,--i.e.interim maintainance till disposal of divorce..after some time he may withdraw his application of divorce...so dont worry..