Advocate P Hari Krishnan

Questions Answered by Advocate P Hari Krishnan

Q: Is wife eligible for alimony is earning more than husband

We are Muslim. we got married in May2016. she lives in bangalore and is working in a top company and i am in chennai working here. It created problems initially due to distance,her mom said that she will not come to chennai for you,its foolish leaving such a big company. I got angry and told her that we willl go for a MCD. she recorded that and now is using it for applying divorce,I said it in anger.But i did not mean it. I want to live with her.She has taken all the jewels with her at the time of mrg.She is earning double the salary than me also.Will she get her divorce and claim all the jewels which i gave at the time of mrg and ask for alimony. Please advice

Advocate P Hari Krishnan answered
You have to file a restitution petition before the family court chennai and then only you can say before the court your plea and all. But that recording as you stated is not sufficient to get an MCD order from court. Your Signature and Physical Appearance is must to get MCD Order.

Q: rights of adoptive and biological parents after adoption

My Grandfather's younger brother (unmarried & Army Ex Service Man) has taken adoption of My Father's Brother son. Legally entered agreement and registered it. In that one of the clause "From ..... date the parties of first part (Original Parents) shall not have any parental and custodial rights whatsoever over the said person.... who has given in adoption) I want to know can he claim his biological Father's/Grandfather's Properties (Original ancestral property)?

Advocate P Hari Krishnan answered
If the adopted person is below 18 years. the parents has the custodial rights and they can get the property legally ,however they have only administration rights, maintenance of the property etc. The child after attaining the age of majority he has all the rights as his wish to sale or utilizing the properties.For futher clarification please add more details o f the same.

Q: Sister occupied my property and built house on it and now threatening

My property was occupied by sister and she built a small house in it and let it for rent by him.And threatening us with local rowdies. And now what can we do

Advocate P Hari Krishnan answered
Need to file a suit before proper forum i.e., Court to recover the procession. and lodge a complaint in the Police Station - stating you have been threatened by the rowdies get a CSR for safety purpose. further clarification please provide me in detail.

Q: right of wife's claim for share during divorce proceeding

Iam 30 year old. I put an agreement to sell my property. I got advance from buyer. . Now my wife father give paper notification to get share for my wife and three year old daughter in that property.already i put diverce case two year before. Property I got from my father after his death through releasing deed from my mother and sister. My wife father Threadern me. Demand high cost.how can I sell.

Advocate P Hari Krishnan answered
Your wife has to file a petition before court to stay the sale of the property, otherwise they did not have a right to stop the sale, since the divorce petition also pending before the court. Please provide me in detail