Advocate Manoj Mulchandani

Questions Answered by Advocate Manoj Mulchandani

Q: Husband is not allowing to stay with him

What will happened if husband not allowed me to stay 6 months with him. Will he can give me divorce than without alimony? Wherever I am staying with him or not I want monthly maintenance. What I should do? I am Hindu.

Advocate Manoj Mulchandani answered
He cannot do so. As per Hindu marriage Act both the parties can file petition only when both parties are willing. For that also separation of one year is mandatory. You can file Maintenance application and application under Domestic violence act and if you want to stay with him you can file restitution petition.

Q: Will i face troubles with Income Tax for alimony?

I am thinking to give 2 crores cash as alimony settlement. Will i land into IT problems because of this either now or in future?

Advocate Manoj Mulchandani answered
Not at all, If you are paying the alimony to wife that amount will not be taxable if that one is on record you earned. Or you can show less amount on record and take in writing that she had given up her entire rights.

Q: "airport incident: need legal advice for friend situation and contact"

mera boyfriend pune airport pe 18 lakh cash or devices ke sath custom department dvara pakda gaya tha tabse mujhe uski koi information mili hai, situations kya ho sakti hain ? or mai usse kaise contact krun ki mujhe ya fir mere ghar walon ko koi problem na ho.

Advocate Manoj Mulchandani answered
First of all get the FIR No. from local Airport police Station. Once you will get the FIR NO. you will get the entire details from local JMFC Court. You can also trace Online or can take certified copies and can approach for bail from local court.

Q: Need understanding on what does hearing without w.s meaning ?

Hello , I have a regular civil suit filed on a person who illegally occupied my property. 6 Hearings have gone and the defendant's lawyer only showed up once in 2nd last hearing and in the latest hearing he didnt come. So the judge has mentioned to proceed with 'hearing without ws'. What exactly happens here and does this go in my favour? Can the defendant's negligence and regular absence ensure in anyway that the case is in my favour.

Advocate Manoj Mulchandani answered
Yes if you gad filed this suit and No one had appeared in that case you have to lead evidence as if court had had passed no say order. But defendant can set aside that order and can file his or her written statement.

Q: How to file a case against someone in another country ?

I was staying in US with my husband around' 5 years and had lots up and down in the relationship with my husband and had vry bad times seen also now I am back to India with my daughter thought wil go bck to US but husband says he don't want me and also daughter to come there and he wanted to stay alone as his wish how can I face this further pls do help me not knowing the way wht to do but s stil need to face what comes, how to file complaint against nri husband ?

Advocate Manoj Mulchandani answered
You should issue legal notice to him for mental and physical harassment and file maintenance application as well as domestic violence application against him and most important any of his relatives who provokes him. If his relatives got involved in case he will revert back for settlement dear.