Advocate S. Sethu Mahendran

Questions Answered by Advocate S. Sethu Mahendran

Q: My mother-in-law is refusing to return my jewellery that she took from me.

I have been married for a year now, and my mother-in-law has taken all my jewellery and refuses to return it. Despite my repeated requests, she does not respond to me. What legal actions can I take if my mother-in-law has taken my jewellery?

Advocate S. Sethu Mahendran answered
Hi It depends on whether you are still continuing to be in the marital home or living separately. If you are living with your mother in law's family with your husband and sharing the matrimonial home as a joint family then it is a personal family issue which can be sorted out by formal talks between the elders of the family and if you are living separately due to some marital issues then demanding your shridhan is your right and you could mention it before the court.

Q: Can i claim child maintenance without divorce ?

I don't want to give divorcee, but can i get baby expenses without divorcee from my husband? can wife ask for maintenance without divorce ?

Advocate S. Sethu Mahendran answered
Yes you can claim maintenance without giving divorce. But based on your nature of job and financial status and other circumstances you are entitled to claim maintenance for your children. But we need to know the full facts of your marital cases and other pending litigation between you and your husband. Based on that you can file petition for maintenance of your children.

Q: Do you have to declare marital status in government application ?

Dear Sir, I am 24 yrs girl. i want to marry a boy but my parents are against of this. So we decided to marry in arya samaj mandir. But we want that our marriage remain confidential. As i am preparing for goverment exams so i have to fill many forms so if we do marriage is it necessary to mention there that I am married or i can fill it single?? Is hiding marital status in govt job crime? plz solve my query asap

Advocate S. Sethu Mahendran answered
you will have to mention the column as married in case you get married. whatever may be the mode of marriage the moment marriage happens between both of you it will be a valid marriage in the eyes of law. Thus concealing it for any employment reason you are misleading your employer. But unlike registration of marriage before Sub Registrar office or concerned SDM where your name would be displayed regarding your marriage in Arya Samaj marriage simply you would be given a marriage certificate which is valid for all purposes. So when you are going for Arya Samaj marriage your parents won't be informed. S

Q: Can court force husband to stay with wife ?

can court force husband to live with wife without will as per hindu law is not supported by his own family

Advocate S. Sethu Mahendran answered
If your spouse has left you without giving any reasonable ground, the Hindu Marriage Act 1955 gives you remedy in the form of Section 9 under the restitution of conjugal rights. The section 9 of the HMA reads that when either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply for restitution of conjugal rights.What the aggrieved party needs to do is file a petition to the district court and on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, the judge may decree restitution of conjugal rights in his favor. since marriage is an institution that is based on such trust and promise. So file a petition for Restitution of conjugal rights in the concerned family court. Thereafter if he is not maintaining you and the family you can file a petition for maintenance as well.

Q: Can I marry a boy who is already married without he taking divorce

Hi, i am --- me n my bf are friends for 2-3yrs in between he had to get marry with other girl due to some family pressure n urgency but he has not shared any physical relation with that girl n v r still in relatioship, now we want to take this relation one step ahead, i am pregnant n we want to get married but the problem is his wife is not ready to leave him even then she knows that he dont love her so plz advice us what do should we do? Would we be able to live together without any hinderence? Plz advice us .........will be your great help!!

Advocate S. Sethu Mahendran answered
Without getting divorce from his lawfully married wife he can't marry you. Because the first marriage is still in existence and if the first wife knows about it she can file a complaint against this man for bigamy which is a criminal offence. So better get divorce from the first wife. But what he had done is exploitation. He has exploited you and cheated the first wife. Further the still born baby will be in trouble.