Advocate Sikander Tuteja

Questions Answered by Advocate Sikander Tuteja

Q: husband filed a false complaint in women cell

hi..m 33 years married since 4 years has a baby aged 3 years..my husband and mother in law harrased me mently physically.so i left his house 2 years back.w my husband had filed a complaint against me that i hv taken money n jwellery worth frm his house..bt the truth is my own belongings clothes jwellery i left there in his house in locked almirah though keys are with me.on hearing in women cell he says he is ready to compromise nd live with me.but i dont want to continue with this man now.my question is shud i give in written that i want divorce nd is FIR cn b loadged against me in dis

Advocate Sikander Tuteja answered
Since there has been cruelty towards you by the husband and his relatives you have a valid reason to live separately from him and this also entitles you to give a petition for divorce and regarding lodging of fir, first he will have to prove that you have taken away any jewellery as he alleges, alleging false and baseless allegations against you also entitles you to file divorce

Q: How can i get divorce? Can i get maintenance for my child?

I want to divorce my husband. I have been married for 5 years now. I have few complaint copies as well that i filed in women cell against my husband. How can i divorce him? I am working women, can i get maintenance for my child?

Advocate Sikander Tuteja answered
Under the Hindu marriage act various grounds have been given under which either party to the marriage can get a divorce and you can claim maintenance from your husband for you and your child subject to his employment

Q: Mother after death of step father, don't want to give me property.

I am the child from my mother's first wedlock. Thereafter my father expired and then my mother married my father's brother. From the second marriage there are 2 kids. Now my father's brother has also expired. Now mother does not wish to give me any property which came on her name after father's brother's death. The property belonged to father's brother. Can i claim any share in it?

Advocate Sikander Tuteja answered
According to the Hindu succession act step son can only claim from the self aquired property of the parents, since your mother has now inherited the property from your father s brother and not your father, so you are not entitled for a share in it, but if the property held by your father s brother is an ancestral one, then you can claim share as a right

Q: Court granted stay on property. How can i sell the property?

I bought a flat 4 years back in resale. Registry done, later on realized that seller already sold to someone. Now the case is in court and court has granted stay on the property. What can i do if i want to sell the property?

Advocate Sikander Tuteja answered
As u have mentioned court has already granted a stay on the property , so it means you have to maintain status quo i.e. You have to keep property as it is and you cannot dispose it off unless and until court decides about the ownership, but still if you make an agreement to sell with any person , that agreement will be subject to the decision of the court

Q: Seller not wiling to return biana amount. What can i do against him?

I have given biana money for a plot of around 5 lacs. He is not providing old registries of the plot and also not wiling to return biana amount. What can i do against that?

Advocate Sikander Tuteja answered
you can insist him again for performing the agreement as agreed between you and him . You should be ready and willing to do your part of the agreement only then you can go to court and seek a remedy, on the alternative you can even tell them deliver the old registeries at the time when balance payment will be give and sale will actually takes place and if still it doesn't help , you can file suit on the basis of written document made while giving the biana amount.