Advocate Hemlata Nageshwar Pitlewar

Questions Answered by Advocate Hemlata Nageshwar Pitlewar

Q: NRI divorce with mutual consent and divorce deed

I got married in June 2022, i have applied for PR in Australia and got granted. Now the girl is not willing to stay with me, we are staying apart for more than 1.5 years. No children. I have created mutual divorce deed in-front of sub registrar of the same place where the marriage certificate was issued. Is divorce deed valid or we need to go to court to file a mutual divorce case. I cannot come to India frequently due to my job dependencies and same with the girl. Is there any way out for us.

Advocate Hemlata Nageshwar Pitlewar answered
Divorce by mutual consent under Hindu lawIf the petition is not withdrawn post 6 months (and no later than 18 months) from the date of presentation of the petition, the court, after hearing the parties and making necessary inquiry(ies), may pass a decree of divorce declaring the marriage to be dissolved.

Q: Divorced govt women employee file case for her daughter maintenance ag

I had mutual divorce,ihave 12 years age daughter that time my daughter age4 years,iam government employee,at that divorce time I had not file the maintenance case aganist him.now if I have right to file maintain case for my daughter,he also well settled & have good job

Advocate Hemlata Nageshwar Pitlewar answered
There remains no doubt that an unmarried daughter, whether Hindu or Muslim, has a right to obtain maintenance, irrespective of her age. This is made clear again that the courts have to look for other laws applicable when the question pertains to the right to be maintained

Q: House Owner is pressurizing me to vacate flat

Hello Sir, I've been staying at the Owner's property for last 17 months. I am paying a rent of 20K per month. I have asked the owner several times to for the lease/rental agreement which he has shown no interest and has not signed till date. I am paying rent and maintenance in time every months for the past 17 months, I have increased rent 6 months back @5%. Orally we have agreed the following terms at the time of check-in and I have asked him to input the same and send me agreement, for which

Advocate Hemlata Nageshwar Pitlewar answered
39 - In a Suit for mandatory injunction by tenant, no direction can be given to landlords to execute a registered sale deed in respect of property given on lease as such a relief can be sought only in a Suit for specific performance of an enforceable agreement between the parties.

Q: Want to set aside ex parte judgement in divorse case.

My sister got exparte judgement on 21 feb 2024 in divorse case filed by her husband in sundergarh, odisha. She stays in Visakhapatnam, Andhra pradesh with her 4 yrs girl child. She too wants divorse from him, but she needs financial security for her child. How to set aside the case judgement, or please guide the options left.

Advocate Hemlata Nageshwar Pitlewar answered
When an ex parte decree is passed, the defendant (apart from filing a review petition and a suit for setting aside the ex parte decree on the ground of fraud) has two clear options, one, to file an appeal and another to file an application for setting aside the order in terms of Order IX Rule 13 of the Code.

Q: My wife got separated from me due to her parents

Hello i have married at age of 19 years old and went to police station and later they sent us back to home as their parents promised us after completion of studies we will do your marriage and we completed our study and doing our job but now suddenly they blackmailed and changed her mind now she is against me so i want to file a petition under RCR restitution of conjugal so will that be accepted or not and is that valid or not please tell me and help me

Advocate Hemlata Nageshwar Pitlewar answered
Conjugal rights refer to the mutual rights and privileges between two individuals arising from the state of being married. These rights include mutual rights of companionship, support, comfort, sexual relations, affection, joint property rights and the like.