Advocate Ashutosh Dubey

Questions Answered by Advocate Ashutosh Dubey (25+ answers)

Q: Can society ask to pay for cultural fund in housing society, is this legal ?

Our housing society is charging Rs. 100/- per month, levy against Cultural activities fund. can housing society collect celebration funds as part of monthly maintenance?, What if I am not interested to pay for this purpose... Pls. advice.

Advocate Ashutosh Dubey answered
no its not compulsory and legal to pay such funds asked by the society management. what is compulsory is only the maintenance part and nothing else.. its your wish to pay or not.. if you want to participate morally you would have to pay and if you dont participate there is not binding upon you to pay.. its your discretion...

Q: Can i build third floor with roof rights its freehold property ?

Respested sir I am an owner 60 mtrs builders floor of 2nd floor in rohini sec 24 with roof right. My question is that can i build 3rd floor on it as i have the roof rights and its freehold property. If yes then what is the procedure. And is it compluary to take permission of other floor owner in same building considering that all other building in same pocket is 3 floor buildings?, what is the law regarding roof rights ?

Advocate Ashutosh Dubey answered
you can make third floor once you are having roof rights.. you need not ask the other floor owners about it.. as you said your society of colony is already having three stroried structure.. you need permission of the DDA and MCD for construction...

Q: I filed for divorce. Can the wife leave the country during the divorce proceedings in India?

Me and my wife want to go for mutual consent divorce. She is Russian, having OCI. She is worried that after filing the application she won't be able to travel abroad (ideally we are planning to file the case , after which next day she can move to Russia). the question is: will she able to freely leave the country the next few days after filing the application? SECONDLY: After six months period , when she comes for second hearing, will she again be able to travel back without any permission from the court? Please provide professional and reliable opinion. Thanks

Advocate Ashutosh Dubey answered
There will b no problem ,she can freely leave the country after filing of divorce by mutual consent. Once u file a petition a date will b given when your statements will b recorded n thereafter order on first motion will b passed. After six months you will have to file second motion n again similar procedure will b followed...

Q: My mother-in-law is refusing to return my jewellery that she took from me.

I have been married for a year now, and my mother-in-law has taken all my jewellery and refuses to return it. Despite my repeated requests, she does not respond to me. What legal actions can I take if my mother-in-law has taken my jewellery?

Advocate Ashutosh Dubey answered
U can file a complaint against your mother in law for cheating and criminal breach of trust saying that she had induced you to part with jewellery and now inspire of repeated requests not returning it back . but keep in mind that this step will sour your relation with your in-laws and may b husband if you are still in marriage and of your husband is not supporting u. So plz ask your husband to talk to your mother in law for returning jewellery n then only take such step

Q: Can i claim child maintenance without divorce ?

I don't want to give divorcee, but can i get baby expenses without divorcee from my husband? can wife ask for maintenance without divorce ?

Advocate Ashutosh Dubey answered
yes you can claim maintenance under section 24 of the Hindu Marriage Act from the husband even without divorce, if he is not making any payment. you can too file a complaint under the domestic violence act for payment of maintenance.