Advocate Manisha Ambwani

Questions Answered by Advocate Manisha Ambwani

Q: Does husband have any right on property given by parents to wife

We belong to a Sunni Muslim family. My question is. My wife purchased a property and made a registered Will for my daughter. That daughter will be owner of that property after her death. Is there right of our son in law in that property any time?

Advocate Manisha Ambwani answered
No once there is a Will no other person shall have the right over the property except for the person whose name is written in the Will. The Son-in Law shall not become the owner of the property by just marrying her.

Q: Got married at age 19 and mentally tortured by the wife

I am Christian. Was 19 yr old at the time of marriage in 2002. The priest was my father in law who wrote 21 years on my marriage certificate. My wife had extra marital affairs. Now also.We are living under same roof but no physical contact for 5 years. I have no job. She has govt job. She convinced me to quit my job as lab technician. She wants me to be a dependent. There are times when she doesn't give food to me especially when I find a job. She abuses me in front of the kids. I suffer from depression too. She tortures me mentally. I don't get medical aid in case of injury or sickness. If I find a job and go for work, she stops giving food. I m helpless and broken. I want to save my future by getting a divorce. What is the solution to this? Pls help me. Is there a remedy or am I doomed for life? Someone told me to contact lawRato. My fundamental right of life to dignity is being violated. Please save me. I m not so good with English, so a relative of mine is typing for me.

Advocate Manisha Ambwani answered
You should leave your wife right away and file a divorce case against her on grounds of adultery and cruelty. I do not find any reason for you to continue in this marriage as there no mutual love and respect. I think you have wasted 5 years of your life, just leave her house and live independently.

Q: Can an employee charged with sec 498 work in a private company

Under which section an employee charged with 354/406/498/323/509 IPC FIR can't work in a private company?

Advocate Manisha Ambwani answered
In case your private company asks you whether you have been involved in any criminal case then please do not hide that you are charged for offences under the IPC. However, in case they do not ask you to disclose any criminal antecedents then please do not tell your employer.

Q: Rules and regulations regarding Internship for Graduating students

We were hired at an offer of 9Hours of working 6 days a week for 2 months but now we are forced to sit more than 9 hours daily in case we don't achieve our daily target(Achieving the daily target is difficult and most of the full time employs are even not able to achieve it) We decided to leave the Internship at a duration of 40 days but the HR is not confirming our certificate and stipend of these 40 days we worked. What should we do since we are not able tu work in such an pressured environment for such a long duration.

Advocate Manisha Ambwani answered
You are under a contractual obligation to work for 2 months, please check the contract whether you can leave the employer before 2 months and that whether you can claim your stipend for those days. In case you need to work for 2 months to claim the stipend then its better to work for 20 more days and take your stipend rather than fighting for stipend for 40 days.

Q: Maternity benefit during probation period

Hi I have joined a new organisation 3 days back and suddenly I found that I m pregnant can company fire me I have 6 months probation period. please advise.

Advocate Manisha Ambwani answered
Under the Maternity Benefit Act, a woman is eligible to receive maternity benefit if she has worked for at least 80 days in the 12 months immediately preceding her expected date of delivery. Please check with your HR department if they will give you maternity leave after working for 80 days or after the completion of the probation period. In any case, the company wont fire you for being pregnant as there is a legislation which gives you the right to claim maternity benefit.