Advocate Rushiraj Sanjay Kulkarni

Questions Answered by Advocate Rushiraj Sanjay Kulkarni

Q: I'm 32 years old n my husband has pass away in 2021 cause of covid after that his friend helping and

I\'m 32 years old n my husband has pass away in 2021 cause of covid after that his friend helping and supporting me n my 2 years son. now we are in healthy relationship before our relationship he told her wife our relationship and she was OK with that but now his wife and his family create a problem for us. My partner has take a responsibility both family but his wife not agree with him and she has lots of abusing on his husband. So he has deciding he will live with me in live can be possible

Advocate Rushiraj Sanjay Kulkarni answered
It is possible but it has a cost.it gives his wife the right to file divorce on the ground of mental cruelty.if you start residing together and If his wife decides to create problem for both of you, she might file a proceeding for restitution of conjugal right against your friend.

Q: Very urgent please tell.. . . .. .. . . . .. . . .. . .. . . .. . . .

Hello everyone \nIn bombay high court what is mean of stage. For direction and status. Pre admission pls tell

Advocate Rushiraj Sanjay Kulkarni answered
at the pre admission stage the person who has initiated any kind of proceeding in high court has to prima facie satisfy the registrar of the court regarding the maintainability of his case. usually apparently bogus cases and the cases which substantially lack merit or the cases which are not maintainable are disposed off at this stage.when the matter is 'admitted' at the ' pre admission ' stage, the court issues notice to the person against whom the matter has been filed and then hears both sides and gives decision

Q: Encroachment on my exterior wall which is mine from inside the flat

My neighbours Encroachment on my exterior wall which is mine from inside the flat.Builder is on his side.i want to do panelling of my safety door but forced to stop by them

Advocate Rushiraj Sanjay Kulkarni answered
first of all its need to be clarified how (in what manner) has he encroached your wall.Filing a suit seeking injunction against your neighbour restraining him from creating obstacle to you from ise and enjoyment of the said wall could be an option.Can think of more precise solution on clarification of certain more facts

Q: Query regarding claiming maintenance

I earn around 85K monthly and my husband earns around 70K monthly. He desserted me for more than a year and not willing to stay with me. Since my salary is more than him can I claim maintenance from him?and aprx how much amnt can I get?

Advocate Rushiraj Sanjay Kulkarni answered
usually in such cases the courts are reluctant to award maintenance to wife if salary of the wife is higher than that of the husband.But if you have a child, you can claim maintenance for the child from your husband so that the expenses of the child can be shared

Q: I want to file a divorce case against my wife on grounds of cruelty and Extramarital Affair. What pr

I want to file a divorce case against my wife on grounds of cruelty and Extramarital Affair. What proof is required to prove that she is having an Extramarital affair? I can prove that she used to talk on mobile with him in my absence. Is this sufficient ??? for the last 2 years she is in her father\'s house. I gave her some money to keep with her and ask her to return it when I need that money but she took that money with her and was not ready to return can I file a complain against her.

Advocate Rushiraj Sanjay Kulkarni answered
for proving her extra marital relations you will have to bring forth certain concrete material before the court.only proof of the fact that she was talking to her friend is not evident enough for proving your wife's extra marital affair.And anyway if she is voluntarily and without any justifiable cause staying separately from you for more that 2 years, then you can also file a proceeding invoking ground of desertion so that you need not solely rely on the ground of her extra marital affiar