Advocate Rama Kant Kashyap

Questions Answered by Advocate Rama Kant Kashyap

Q: Decided cases on rights of the woman in their matrimonial homes

My sister is facing a problem at her matrimonial house.. District court judge has asked us to give any judgement from supreme court or high court where they have said that daughter-in-law can reside with parents-in-law at seperate floors in same shared household under section 17. If anyone can provide the decided cases by supreme court or High courts in this regard it will be great help.

Advocate Rama Kant Kashyap answered
To, Dated :06.09.2017 Dear Madam, Sub: Legal opinion regarding the query dated 06.09.2017.Dear Madam, As per the following judgment, you can reside with parents in law at separate floor in same shared household under section 17 of Domestic Violence Act. 1. Navneet Arora Versus Surender Kaur & Ors. 2015 III AD (Delhi) 337.2. Nidhi Kumar Gandhi versus State of others 157 (2009) Delhi Law Times 472.3. Shambhu Prasad Singh Versus Manjari 190 (2012) Delhi Law Time 647 (DB) 4. S.R. Batra & Ors. Versus Tarun Batra AIR 2007 SC 1118. 5. Preeti Satija Versus Raj Kumar & Others 2007 (2014) Delhi Law Times 78 (DB). It is further submit that as per the conclusion of the all judgments you can reside with parents in law a separate floor share household under section 17 of Domestic Violence Act. Except the following conditions:-1. Section 17, 19 of Domestic Violence Act, right of the estranged wife against the husband, not against the father in law, or other relatives mother in law. 2. question property cannot be called shared household. 3. Right to alternative accommodation claim can be made to husband only. 4. If the property is joint family, you can enjoy the section 17 of the D.V. Act5. Property must be joint family as well as belong to the husband. This is my legal opinion. Copy kept. With regard. Regards

Q: How to file for maintenance on the grounds of dessertion by husband

 I'm 32years female and having a kid of 4.6yrs. My husband left me 4yrs ago and not interested to continue our marriage relationship. He is having multiple relationships with other girls. He is not paying any maintenance to me and my kid till date. Now I want to proceed legally to complete this issue. Kindly suggest what all documents are required to file a maintenance case as I'm a dependent on my parent's and living with them. How to proceed?

Advocate Rama Kant Kashyap answered
To, Dated :11.09.2017 Dear Madam, Sub: Legal opinion regarding the query dated 07.09.2017.Dear Madam, The provision of Section 9,10,13 14, 23, 24 and 25 of HMA Acts 1955 and old section 488 Cr.P.C. (New Section 125 Cr.P.C.) constitute one system of law and part of a single scheme or of the same legislative plan (Sadhu Ram Versus Nathu Dass AIR 1961 Punjab 191).That you can file petition under section 125 Cr.P.C. for maintenance against your husband/Respondent. In this Section 125 Cr.P.C. if your husband/Respondent has sufficient means neglect or refuse to maintenance:-a). You are, unable to maintain yourself orb). Your legitimate or illegitimate minor child whether married not unable to maintain itself.c). Your legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or. d). Your father or mother, unable to maintain himself or herself. That section 126 of Cr.P.C. provide the procedure for the maintenance. You can file the petition U/s 125 Cr.P.C. taken against your husband in any District:-a). Where he is, or b). Where he is or your are resides, or c). Where he last reside with you or as the case may be with the mother of the legitimate child. It also submit that we are agree as on your terms and conditions as per the professional visit dated Nil. It is further submit that we have to requires the following documents for court proceeding as well as further proceedings:-1. Signed Vakalatnama 2. 4 Marriage photographs of Petitioner and Respondents (Postcard Size)3. 6 Passport size photographs of Petitioner.4. 4 passport size photographs of the children of the Petitioner. 5. Marriage Card or any marriage proof, If any.6. I.D. proof of the Petitioner and her childrens. (Aadhar Card/DL/Passport/Voter I.D./ Date of birth certificate, school I.D. card etc.) if any. 7. Any criminal and civil complaint pending before appropriate authority, if any. 8. Income proof the spouse/husband as Respondents. 9. Any relevant documents/correspondence/ proof relevant incident, if any. 10. You can also brief day to day incident from the date of marriage. KINDLY TAKE NECESSARY/URGENT ACTION.Copy kept. With regard. Regards