Advocate Manini Jaiswal

Questions Answered by Advocate Manini Jaiswal

Q: Dowry fedility importancy Torturing to earn money

I got married to a man who can't do sex and he is not interested in having a family he never gives me time, he always tries to send me out while he is home or he goes out when I am home, he left me at my parents place, Doesn't give any money to me for my expensesWhole family gives pressure for dowry, whole family forces me to work and earn money and give it to them,. Husband doesn't take any responsibility of me, Now he is saying you can take divorce forcing me for mutual divorce and denies to give anything, not even my money which my parents gave the jewellery I was working before so took all my money and now he said we will not be together so i am not responsible for anything

Advocate Manini Jaiswal answered
You can go for civil as well as criminal case. File for a divorce, but before that lodge a complaint for dowry at the police station and claim maintenance from your husband under section 125 crpc. Also you can claim all your belongings which he has kept as all of them is your stridhan and he cannot deny it. Also you can claim alimony from your husband.

Q: Clarification regarding procedure of divorce

My sister is 27 years old and her marriage lyf is 6 years old, she has two child, her husband and in laws torture her physically and mentally, we want to file a case against them and want divorce....how much tym goes in divorce, bcoz my sister wants monthly security from him as money.....plz advise me

Advocate Manini Jaiswal answered
You fule a complaint under sec 498 gor domestic violence so that anuthing further cannot take place for your sister..... Apart from that you can file for divorce and also can claim for maintenance for your sister and her children under section 125 crpc. Her woukd have to bear the expense for your sister, her children as well as the legal expenses.

Q: Where to file a suit for distribution of property

We are three Hindu brothers. I am elder and was serving in the Indian Air Force since 1977. My two younger brothers are doing buisiness for motor parts at Danapur (Patna). We are seperate since 1998 and managing our own business and finances. However our ancestral property at native place is not yet divided officially. I had purchased 10.92 decimal land at Dananpur in 2003 for my resettlement after retirement. I constructed a double strorey house in 2013. Two flats at first floor I have given to my brothers on their request to stay free of cost. Now I have retired in Apr 2016. My younger brother has filed a title suit at Danapur Sub judge Vth that we are still combined family as our native place property is not yet divided. The land at Danapur is registered on my name and I have bone entire expenditure for purchase of land and contruction of the house. He is producing witnesses that we are still in combined family. Is he authosed for the 1/3rd share in my property held at Danapur?

Advocate Manini Jaiswal answered
No..Your brothers are not entitled to one-third share in your property as the property is not an inherited property and the source of fund for such property is derived from your own personal income and from the family.henve its not a joint family property.

Q: Who will get the custody of children in a divorce case

My wife has filed the divorce petition , marriage total 8 yrs, I have 3 yrs old daughter.... Kindly I suggest me whether i can get the custody of my daughter & should alimony amount is applicable as wife has filed the divorce

Advocate Manini Jaiswal answered
You can apply for the custody of you 3 year old daughter and if you have strong grounds then you may be granted with the custody of your daughter. As far as the alimony is concerned your wife can claim alimony while filing for divorce.

Q: Person enter premises without consent & causes damage to property

I am an Hindu. An individual has entered my land without permission and has broke some parts of my newly made house in my village mohmadpur. So what kind of actions can I take against that individual ????

Advocate Manini Jaiswal answered
In the given instance you can lodge an FIR in the local police station wherein s.144 would be imposed on your property by the police. If you can identify the persons then you can lodge a complaint against them