Advocate Abdullah Akhtar

Questions Answered by Advocate Abdullah Akhtar

Q: Family matter and In-laws issues

1. My wife is guest teacher in MCD school and earning 35000/pm , We both have a girl child of 8yrs. Is she entitle for maintenance? 2. My parents disowned me legally and filed an application in SDM court to evict me and my wife from their house due family conflict and fight with my parents, Can they evict us from their house? 3. If husband want to live in rented house , but not wife and demand to buy new house, Is she denied in SDM court to evict parent house on this ground?

Advocate Abdullah Akhtar answered
1. Wife's entitlement to maintenance:The wife's income (₹35,000/month) is a factor, but not the sole determinant for maintenance.Courts consider the husband's income, child's needs, wife's standard of living during marriage, and her earning capacity when deciding maintenance.2. If the house is owned by your parents and you don't have any tenancy agreement, they can initiate eviction proceedings.3. Wife's right to stay vs. husband's preference for rented house:If the wife is a co-owner of the house (proof required), eviction might be difficult for your parents.If it's your parents' property, the wife's right to stay might depend on various factors like the child's welfare and alternative accommodation availability.Merely wanting to buy a new house wouldn't be a strong ground for the wife to deny eviction from the parental house.

Q: Extensively clarify if this comes under a sapinda relationship.

Please clarify, if being a girl I marry my mother's mausi's son's son. Then will it be illegal? Or it will come under the purview of a sapinda relationship? If yes then please describe it and if not then also. For a better clarification, since our parents are first cousins and we're second cousins; won't it be a taboo in northern india? If such customs aren't followed here.

Advocate Abdullah Akhtar answered
Sapinda Relationship: The Hindu Marriage Act (1955) defines sapinda as a close relative related through blood ties within a specific degree. In this case, it extends up to three generations (inclusive) on the mother's side and five generations (inclusive) on the father's side.Your Situation: Your mother's mausi's son is your mother's first cousin. Their son, your potential spouse, would be your second cousin. However, since the relation comes through your mother's side, it falls within the three-generation limit for sapinda relationships.

Q: Can i file for divorce if i did adultery

If a person did adultery, can he himself file for divorce, there is child outside marriage...what will be the consequences in court

Advocate Abdullah Akhtar answered
Here, under the relevant provisions of divorce, filing for divorce by the accused does not fall in line with the provision.It is necessary to chalk out to invoke special powers of the Court in grant of divorce.

Q: Inheritance by step children in property/immovable asset of step mothe

are step daughters entitled in the succession of property of their step mother(my mother) if she dies without any will.

Advocate Abdullah Akhtar answered
The stepchild of a deceased mother receives a right in the ancestral property not as the heir of the mother, but as the heir of her husband (mother) as per section 15 of the HSA. Therefore, stepchildren shall have limited rights in the property of their ancestors. However, your matter requires a detailed discussion and only then best analysis can be formed.

Q: RGRHCL COMPENSATION NOT ISSUED DUE TO DC OFFICE STAFF NEGLIGENCE

Hi sir i am sandesh from Udupi District, State-KarnatakaMy problem is my friend home collapsed in the rainy season my friend applied for compensation but reply is Thahasheeldhar sent report to DC and DC office not on time not submitted report to Rajiv Gandhi Rural Housing Corporation Limited, DC office Late submission reason RGRHCL Not Approved for compensation its closed by RGRHCL Now Thaluk office and DC office reply is its not possible to give further compensation reason is RGRHCL is closed compensation.We gave the Letter to DC and DC Sent letter to RGRHCL but RGRHCL given reply to DC letter its time is exceeded what RGRHCL given time to Submit report to DC office but DC office on time blnot submitted report tonRGRHCLMy question is this mistake done by DC office and Thaluk office Late Report Submission to RGRHCL how can i deal this matter legal way please give suggestionCan i lodge complaint to Lokayuktha for Negligence of DC office or Can approach High court

Advocate Abdullah Akhtar answered
While your issue requires a detailed analysis for assessment whether to move high court or not. Prima facie, by invoking article 12, you should move to the Karnataka High Court after moving a legal representation.