Advocate Ajay NS

Questions Answered by Advocate Ajay NS

Q: Defending wife's maintenance claim

Arranged marriage with doctor graduate woman in 2021. Unilaterally she left home after Apr 2022. Our child died in Dec 2022. She filed for maintenance and in that she hid her assets, parent's company share worth of more than 20 cr. I have her older bank statements, will form - assets details, her parents company details, first child death report and second child abortion report. while i am submitting filing assets and liabilities how can i attach those to reduce my maintenance?

Advocate Ajay NS answered
Based on the additional context provided, the question seems to be about the legal provisions for maintenance to a wife in India, specifically in a scenario where the wife is educated and employed.In India, the laws governing maintenance for a wife are primarily covered under the Hindu Marriage Act, 1955 and the Code of Criminal Procedure, 1973. These laws provide for a wife to receive maintenance from her husband under certain circumstances, regardless of her educational or employment status.Under Section 24 of the Hindu Marriage Act, a wife can claim maintenance from her husband during the pendency of a matrimonial proceeding, such as a divorce or judicial separation case. The amount of maintenance is determined based on the husband's financial capacity and the wife's needs, irrespective of whether the wife is educated or employed.Similarly, Section 125 of the Code of Criminal Procedure allows a wife to claim maintenance from her husband if she is unable to maintain herself. This provision applies even if the wife is educated and has a job, as the focus is on her ability to maintain herself, taking into account factors such as the standard of living she was accustomed to during the marriage.It is worth noting that the courts in India have consistently held that the wife's educational or employment status does not automatically absolve the husband of his responsibility to provide maintenance. The courts take a holistic view of the case, considering the specific circumstances, the need for maintenance, and the husband's financial capacity.The wife being a doctor does not automatically preclude her from being eligible for maintenance from her husband. The question of maintenance depends on various factors, including the relative financial standings of the spouses, their respective incomes, assets, and the overall circumstances of the marriage.In many legal systems, a spouse's ability to provide for themselves is considered, but it is not the sole determining factor. Courts may still award maintenance to a financially independent spouse if there is a significant disparity in the financial resources of the couple or if the spouse requesting maintenance has sacrificed their own earning potential for the benefit of the family.Ultimately, the decision on maintenance would depend on the specific laws and regulations in the relevant jurisdiction, as well as the particular circumstances of the case. A thorough evaluation by a legal professional would be necessary to determine the wife's eligibility for maintenance in this scenario.

Q: Divorce judgement intimation to Marriage registrar

Will court intimate the marriage registration department about divorce after the divorce is granted by family court.?

Advocate Ajay NS answered
No. the court will not intimate the registrar office about the divorce in India.In India, when a divorce is granted by the court, the court is never intimate the same. When a person wish to remarries then he will produce the copy of divorce with  his new marriage registration application The production of divorce decree and judgement before the registrar office is an essential step in the divorce process in India, as it ensures the legal recognition and documentation of the dissolution of the marriage.

Q: Easement right claimed by few newb is narrow neighboneighboow pathway

There is narrow way in my property that we used for years to connect main road on one side and our other properties at away...now our neighbors doesn't allow as to close the road saying that it is public way.. all of them have other private and public roads to their property .we are paying tax for this land also which is now used as way..we have another road in my property..so no need of this narrow way..also some public using this are making trouble to us by destroying rubber plants

Advocate Ajay NS answered
you can file an injunction case to prevent public destroying rubber plants. Even if you had another way you can claim a narrow way by easement by prescription.In the context of India, an easement is a right enjoyed by one landowner over the land of another. The Indian Easements Act, 1882 provides the legal framework for easements in the country.Under the Easements Act, the following individuals can claim an easement:1. The owner of the dominant heritage (the land that enjoys the benefit of the easement).2. A person in possession of the dominant heritage.3. A person to whom the dominant owner has transferred the right of enjoyment of the easement.4. A legal representative of the above-mentioned individuals.The Act also recognizes that easements can be acquired through grant, reservation, prescription (continuous and uninterrupted use for 20 years), or by virtue of necessity.It's important to note that the specific conditions and requirements for claiming an easement may vary depending on the type of easement and the circumstances surrounding its creation or acquisition.

Q: Can mother gift property to son ?

My father bought a land registered in his and mother's name. Built a house. Last year he expired. Can my mother gift to any one of us directly the ownership. can mother give property to one son ?, Is the consent of other children is required for it.

Advocate Ajay NS answered
If the property was registered jointly with your father’s and mother’s name then after the death of your father his share equally distributed among his legal heirs. So the whole property could not sell or gifted by your mother. She can only gift her share and not her husbands share . If the property is registered in any of the siblings then others must be a party in that registered deed

Q: How to get road access to property ?

Dear Sir/Madam I have a 30 Cent of a land, in which my home construction is going on and I don't have any road access to my plot. But adjacent to my property there is private road owned by a single person (He does not have any land in this area, he only owned this private road now rest of all his land he sold out). This road is constructed from the main road, which connects to 4/5 residences, Government Sub Health Center and a Anganvadi and he still kept this road as his private property. Can I get any right of way to connect this private road to my property? pls assist me to get a proper legal advise in this regard to private road access rights and law's

Advocate Ajay NS answered
In your case the permission for using the way is necessary. If he allows then you can connect the same to your land and main road.Basically, an easement is the right to use the property of another. Easements come in two types: gross easements and appurtenant easements. A gross easement is a right over use of your property held by a specific individual. Appurtenant easements are a right over use of your property for the benefit of adjoining lands. Gross easements give a right over use of your property to those adjoining lands no matter who owns them. An easement is an agreed-upon use of land by a party other than the landowner. This agreement allows access to land for things like natural resources, development of necessary utility pipelines, or construction and maintenance. Easements can be beneficial depending on their purpose. You can claim if you are in the circle in the Easement law.