Advocate Dharmesh Teraiya

Questions Answered by Advocate Dharmesh Teraiya (25+ answers)

Q: Maintenance Issue_Divorce in Process_Assistance Required on Posted.

Hello, I'm a working woman earning close to 42K PM and my husband is earning close to 2.80 Lakhs PM. Currently, we have a divorce case running in court and from past a year I'm completely bearing child expenses (he's close to 4 years) and other related things. Currently I'm having a homeloan on my name and close to 25k will be deducted from my pay. Will I be eligible to file maintenance from my husband? Do we have any other factors affecting as I'm a working woman? Please assist me on this.

Advocate Dharmesh Teraiya answered
Yes you are eligible to file maintenance from your husband. you can live life as per your husband wealth condition even if you are working women.you have to submitt your EMI evidence to the court.and also have to submitt evidence of your husband finance conditions

Q: Running Tuition classes on rented house

I am living with my mother on a rented property (we are living in that house over 50 years), but due to some issues the owner of that house has filed a case against us (he basically wants to give the same house to someone else at comparatively higher rent).Now my mom also run a small tuition classes in this same house with 10-12 kids, our lawyer has told us to rent some other place and do the tuition classes there as it is Illegal for us to continue the classes in our home.Is it necessary to do that because if we rent some other place in our area then my mom will have to spend almost 50-60% of her income only in rent of that new place. Any help is appreciated.

Advocate Dharmesh Teraiya answered
you have not mention which type of case field against your. may they have filled civil suit against you to remove you from his property. and yes your advocate is right you can not run tution classes in rented house property. you have strong side because you and your mom living in this property since last 50 years. better to use this property for resident purpose only and due to this action may be court can give u judgement in favour of you.

Q: Succession according to Sunni muslim law

Dear sir,I want some legal guidance that in one agriculture land there are names of four brothers. Mother and father both expired and there is no sisters so how can this property can be divided? If possible request you to give e detailed information and sections of muslim law and also any previous judgements.

Advocate Dharmesh Teraiya answered
you are two brothers only than there is no issue because u r legal heirs of your parents. so first apply for mutation entry for legal heir. after your both names enter take oath in front of talati mantri and make one affidavit to divide this land in equal parts with each other. and apply for this in mutation entry. that's is

Q: How to save marriage from in laws and get your wife back

Hi Lawyers,We both were in relationship from 2010, married in 2017 and were lived together almost 3 years under a roof before our marriage. Her parents were against the marriage because of caste and community issue. In 2018, she went to Australia and on student visa and stated her self single/never married (instructed by her mother) while she was married to me. then she came back to india after 4 months and again marry to me as she stated her self single previously and sent second marriage certificate to australian immigration to get me there on spouse visa.she lodged my spouse visa in March 2019 from australia, after 10 days she asked me for divorce and forcing me for it in influence of her family and friends. She also done notary in australia and signed from her side where there is no actual reason to break marriage and information is also fake/lies. I have not signed notary/stamp papers signed and sent by her.I dont want divorce what I should do?

Advocate Dharmesh Teraiya answered
Hi detailed answerFirst of all sorry for this your situation. I read your question carefully and in question you have not mention that where is she now? Australia or India.? ans as she is in student visa and she lodged spouse depended visa for u on 10 march but after what's happened? have you got visa or not? if she is force you for divorce without any reason and if you are not agree to give divorce than file petition in court against her for not complite marriage rights with u. As par spouse visa application she mention to Australia high commission that she is married with u. so don't worry. and as u wrote that she done notary in Australia about this. but if she wants to settled in Australia with other she needs divorce from u but if you are not agree than there will a problem with her. so first of you should file case against her to fulfill marriage rights.

Q: Wife ran in 7 month with her mother

My wife ran from home with her mother in 7 month and filled a false DV case after that court rejected her interim and fined 25k on her for false notification and miss leading court.Soon after that she filled 125 maintenance case...She is working and earning 50k. and living alone.Do I need to give maintenance.She only want to put pressure and fetch some money from me.Should I give her.she is 32 yrs.i am 31yrs .Thoughts.?.

Advocate Dharmesh Teraiya answered
if she is working than find proof of her job details. and submit as evidence in court. if she earnings high compair to you than chances are high to come judgement in favor you. remember you have to submit all evidence related to her job like job duty. position. salary etc. valid evidence required in court