Advocate Sainand Chaugule

Questions Answered by Advocate Sainand Chaugule

Q: How to recover the jewellery from husband in case of divorce proceedings

I filed an FIR against my husband, but he has since been granted bail. I would like to retrieve my jewelry, personal belongings, and the amount of money that is currently under his custody. I am a bit clueless about how to proceed further in this case. Could you please provide guidance on the next steps I should take? how to recover the jewellery from husband in case of divorce proceedings?

Advocate Sainand Chaugule answered
You can file a complaint u/s 12 of Domestic Violence Act 2005 and in that complaint you can ask for return of stridhan and other valuable securities left by you at your matrimonial home u/s 19(8) of the Act.

Q: Can file divorce case in Chennai as DV and 498a case pending in Court

I am a Hindu, lived with my wife for 9 years after which she left me to her parents house. Immediately she filed a DVA case and a 498a case based on false allegations against me, parents and in-laws. Got AB in 498a case. Both cases are moving at snail's pace. Interim maintenance has been ordered in DVA/CrPC 125 cases. In both DVA/498a cases she has falsely alleged that we went to their house and attacked them on specific dates. On these dates, myself and in-law were actually working in our place of employment. We have solid proof of attendance in the form of Access Card/Finger print access records for which acknowledgement has been provided by the employer. In this situation, can I file divorce at Chennai on grounds of mental cruelty? Particularly when the DVA/498a cases are pending in Magistrate courts.

Advocate Sainand Chaugule answered
If you have the proof of your attendance at your work place on that particular day and time as alleged by your wife in her complaint then in that case you can file a petition for divorce on the ground of cruelty, which then you will have to establish by adducing evidence

Q: How to annul marriage if wife not interested in sexual relation

Hi, I am married on Jan 23rd,2017. From the first on wards she refused to have sex , telling various reasons like fear,tired etc It happened till Feb 4th 2017. So I called my senior relatives and their relatives to discuss and solve this issue. On that time she told that she was depressed very much , she need to a week time to relax and we agreed and sent her native. From that she never called me or my parents. I am working as a civil engineer in muscat. My return flight is February 18th. She or her family not called any of this duration. March 4th, my wife came and brought all her belongings including jewels and left without saying anything to my parents. my wife's brother marriage was held on march 8th and we were not invited to that marriage. Now she gave complaint to police station on me & my family,that we have thrown her out.Now how to get rid of this. I dont want to pay anything as alimony or compensation.I am the one to take care of my family and future commitment.

Advocate Sainand Chaugule answered
You can speak to your wife and you both can agree to dissolve your marriage by filing a joint petition for divorce by mutual consent or else you can file a petition for divorce on the ground of cruelty as non consummation of a marriage amounts to mental and physical cruelty.

Q: How to get my jewellery and other belongings back from my husband

I filed an FIR against my husband, but he got the bail.I would like to get my jewels, my things and amount that is under his custody. I would like to know how can I proceed further in this case. I am bit clueless.

Advocate Sainand Chaugule answered
You can file a complaint u/s 12 of Domestic Violence Act 2005 and in that complaint you can ask for return of stridhan and other valuable securities left by you at your matrimonial home u/s 19(8) of the Act.

Q: Rights of grandson in ancestral property

my MIL grandfather made a WILL to divide his property among his sons . my MIL father got property thro Will and died in 1994 inestate .Mother-in-law is the only daughter and her mother also expired in 2005. my mother-in-law has two daughters and one son ..how will the property get divided. Property doucments are in the name of MOther-in-law fathers name. Has my husband being the grandson has right over property ? ..pl answer.

Advocate Sainand Chaugule answered
Assuming that you are a Hindu. Yes your husband has a share in the property. According to the Hindu Succession Act, all the siblings come under the category of being a Class I legal heir and therefore by virtue of that all the class I legal heirs have a equal share in the property.