Advocate Kanika Bhutani

Questions Answered by Advocate Kanika Bhutani

Q: Tenant not vacating after expiry of contract

We have a tenant who had an agreement for 8 years with a monthly rent of 1,300/- and a 10% rise after some years. There was an initial refundable (without interest) deposit of 2 lakh. The agreement got expired in Nov'14 and he has not moved from there since. We had sent out a legal notice to him before that. Is this a case where the tenant has an upper hand ?

Advocate Kanika Bhutani answered
Once the Contract between the parties is over and you have not permitted him to stay beyond the Contractual period, then you can file for a suit for eviction in Court and seek appropriate orders. The tenant will have to evict the premises as no further agreement or permission has been granted by you.

Q: What can a girl do to get divorce from the guy if he is not ready

What could a girl do to get divorce after 4 months of marriage from the guy if is not ready to give divorce.

Advocate Kanika Bhutani answered
You can not file for divorce before completing an year of marriage. In case the Husband does not agree, then you can file a divorce petition in the Family Court and seek divorce from Court. There are various grounds in law under which you can seek divorce.

Q: Domestic violence but my father not letting me take action what to do

I got married in July 2015..though I wasn't happy with this marriage but still I did just to maintain my parents respect n dignity but my husband is as same as I thought he don't wanna do anything for me which makes me happy n after 10days of our marriage he started arguing with me on olmost everything n now it continues to domestic violence..like to the extent that swelling,bruises r present on my face and hands still my father is not taking any action against him moreover he wants me to continue this relationship because he is influenced by my in-laws..what should I do regarding this??

Advocate Kanika Bhutani answered
If you are a victim of domestic violence, then you can yourself file a complaint against your husband for causing such violence on you. You should maintain your medical record of violence on your body as you have mentioned in your query which would help you in future.You can also call up Police helpline at 100 next time your husband tries to beat you.

Q: Wife wants house and loan from my cousin in mutual divorce. What to do

My question is that my cousins has file a divorce case against his wife and is living with someone else . His wife is residing at the same house which has been bought by my cousin and the property is on loan from the bank it has been now 3 years that they are separated and the case is still running . My question is that the lady wants the complete ownership of the house and also have this condition for mutual divorce is that she will take the complete house and my cousin have to made the home loan free.

Advocate Kanika Bhutani answered
When it comes to taking divorce through mutual terms, the couple can decide the terms amicably and thereafter, obtain divorce in expedited manner. In such cases, the alimony of the wife has to be decided by the couple and no conditions are mandatory.

Q: I want to take immediate action against my husband for physical abuse.

My husband is very physically abusive. Last night my husband was physically violent. Earlier twice i called police and tried to resolve the matter. My daughter who is 7 years old also saw the whole incident. My husband is working in a private job. I want immediate action against him. What can i do?

Advocate Kanika Bhutani answered
You can file a complaint with the Women Cell. The Women Cell tries to settle the matter between the parties.Otherwise, you can file a complaint of domestic violence against your husband in Court. The Court will then take action against your husband. Your husband can even go to jail under the said complaint in case allegations are proved.