Advocate S Nemavathi

Questions Answered by Advocate S Nemavathi

Q: Wife not willing to stay together

Wife left with one year baby last Nov 20.. Even repeatedly contacting she unwilling to stay in my home. Her family full support her.

Advocate S Nemavathi answered
You can send legal notice to her asking her to come back home and wait for two weeks for her to reply or come back home. even then she refuses... you can file before the court in your jurisdiction for the restitution of conjugal rights. if you want the child custody file a different case in district court. the court will conduct enquiry for both husband and wife and the issue will come to an end

Q: Complaint to get the stridhan back from in-laws.

Im 25F, hindu, married on Feb 2017. Have a baby now. My husband and in laws are forcing me to give my entire salary to them to pay their debts.. asking my jewels and also telling me to take loans.. since I didn't​ give my salary and jewels, my husband left me after baby's birth. Now he is saying he will live me only if I agree to stay with his parents in his native without any contact with my parents or my friends... He wants to house arrest me... I don't want to live like tat... Since i am on maternity leave im staying in my mom's house. Iam planning to live alone . So im thinking to take my things like fridge, tv, washing machine which I got as dowry or Sridhan on marriage... Also my husband is using my bike... I asked my husband to give my things but he is saying he ll lodge a complaint that I have stole these from his house... Can I take my things ?

Advocate S Nemavathi answered
Don't worry mam.you can take back all your things by preferring a police complaint. You can do from your place of residence by getting the protection of local police. Your husband has no inch of right over stridhana properties.

Q: Can Take My Shirdhan Without Police Complaint From My Husband ?

Im living with my parents.. my husband wants me under house arrest so im living with my parents... I think I can't live with him anymore... My parents don't want me to apply for divorce... But if he apply for divorce im ready to sign. Since im not living with my husband can I take my Sridhan or gifts which i received on marriage without a police complaint ? If I take my things from my husband's house can he lodge a complaint on me ? I don't want to take my husband's gifts... But I want to take mine.. he is even using my bike.. I would like to take all like fridge, tv etc which my mom gave as dowry and other small appliances which I received as gifts. My certificates are all in my husband's house... He is not even allowing me to take those... Im scared whether he ll tear my certificates or sell my things or whether he ll give those to his parents who are living in his native.. so can I take things from there ?

Advocate S Nemavathi answered
Yes you can take your belongings from your husband even without obtaining divorce.he may create problem but that can be solved. You have to get ready with the receipts of your purchase and your marriage video of the articles.

Q: Can lease be renewed even if the landlord does not agree for it

I have taken a individual house for Lease - 2 Yrs agreement(2012 - 2014), property is in a name of XYZ for name sake only, other activities are taken care by her brother ABC.. now By May,2016 we requested to renew the agreement, XYZ not interested in renewing and told us to vacant the house but ABC told us to stay back.. we have spend extra money apart from the lease amount which we have given.. for water facility, i.e new borewell, new motor pump, other expenses which nears upto 80 K in the year 2015.. for which we didnt have any written paper proof only purchase bills is there.. So pls suggest that currently the agreement is finished before 3 year and whether we are in any legal claim from the house owner.. or else what we have to do to in legal to stay in this house..?? 

Advocate S Nemavathi answered
Yes the lease can be extended even if the landlord doesn't agree. The more you delay your rights are pulled away. Approach the civil court for immediate relief. As already you have remained silent. Land lord can also approach the court.

Q: Procedure if settlement deed made in 1952 and area mentioned wrongly

in the settlement deed made between family members in the year 1952 allocated to sons and grandson by way constructed portion and not by metes and bounds and also the total extent of the property mentioned is 1053 sq ft of which the actual measurement by a licensed surveyor is 1805 sq ft

Advocate S Nemavathi answered
The settlement deed has bee made in the year 1952 . The settlee and the settlor both must be alive. The rectification in the measurement can be made through court of law by the consent of the existing peole.