Advocate Salim Javed

Questions Answered by Advocate Salim Javed (25+ answers)

Q: Can anyone suggest me anything regarding what to do plzz

This is my second marriage my husband is abusive physically and mentally I can't say it to my parents because they are not listening his parents are full of green and my husband support them I am getting mentally exhausted I dnt know what to do .. I lost my dad mom is a patient so can't say much to family husband is harassing I don't do job please help me I am pregnant also he is shouting at me in pregnancy also

Advocate Salim Javed answered
I understand you are in a deeply distressing situation, facing physical and mental abuse from your husband, and with limited familial support, especially given your mother's health and your pregnancy. Firstly, your marital status (second marriage) does not diminish your rights under the law. The Protection of Women from Domestic Violence Act, 2005 (PWDVA) is comprehensive and applies to all women in a domestic relationship, irrespective of whether it's their first or second marriage. This Act defines domestic violence broadly to include physical, sexual, verbal, emotional, and economic abuse.Given that you are not employed and are pregnant, these factors significantly strengthen your need for immediate protection and financial support. The PWDVA specifically allows for various reliefs, including: * Protection Orders: To prevent your husband from committing further acts of violence, or even from entering certain areas. * Residence Orders: To secure your right to reside in the shared household or to secure an alternative safe residence. * Monetary Relief: To cover expenses incurred due to the violence, loss of earnings, medical expenses, and even for the maintenance of yourself and your unborn child. * Custody Orders: While your child is yet to be born, future custody arrangements can also be addressed under this Act.Additionally, the Indian Penal Code (IPC) contains provisions, such as Section 498A, which specifically addresses cruelty by a husband or his relatives. This is a criminal offense, and reporting it can lead to police action.. To understand the precise legal steps you can take, and to explore all available remedies and support, it is crucial to have a detailed discussion about your specific circumstances.I urge you to schedule an immediate consultation. During this meeting, we can discuss the incidents of abuse, gather necessary details, and formulate a strategy to ensure your protection and secure your legal rights.

Q: Working wife can get maintenance or not?

Can working wife get maintenance from husband? Currently Husband in hand salary is 30000 more than a wife ,can she still get maintenance any reference of such case?

Advocate Salim Javed answered
The question of whether a working wife can claim maintenance from her husband, especially when there's an income disparity, is a frequently encountered one. Indian law, under various statutes such as the Hindu Marriage Act, 1955, the Protection of Women from Domestic Violence Act, 2005, and Section 125 of the Criminal Procedure Code, 1973, provides for maintenance to a wife.It's a common misunderstanding that employment automatically disentitles a wife to maintenance. This is not necessarily true. Courts across India, including the Supreme Court, have consistently held that the objective of maintenance is to prevent destitution and to ensure that the spouse seeking maintenance can maintain a standard of living somewhat commensurate with that enjoyed during the marriage.The fact that your husband's in-hand salary is Rs. 30,000/- more than your wife's is a relevant factor. Courts consider a multitude of aspects, including: * The financial needs of the wife: Even if employed, her income might not be sufficient to meet her reasonable needs or maintain the lifestyle she was accustomed to during the marriage. * The standard of living of both parties: The courts aim to ensure that the wife is not suddenly relegated to a significantly lower standard of living. * The earning capacity and financial status of both spouses: The disparity in income is indeed a key consideration. * Age, health, and educational qualifications of the parties. * Any other reasonable expenses or liabilities.Therefore, while your wife is working, her eligibility for maintenance, and the potential quantum thereof, would depend on a detailed assessment of these and other specific facts of your case. Merely having an income does not automatically negate a claim for maintenance.To properly advise you on your wife's legal position and potential remedies, it would be crucial to examine all relevant financial documents, understand the complete marital history, and discuss the specific circumstances leading to this query. I encourage you to schedule a consultation to explore these matters thoroughly.

Q: How to Cancel power of attorney

I gave power of attorney to someone of my 2 bedroom flat before five years and took 47 lakhs because it was rehabe flat at half market value and he paid that value to government. He lived in this flat which rent was 25000 rs per month.. now I want return that money to him which was decided at time of power of attorney, now he denied to take back that money and forcing me to do registry on his name because market value is 1 crore 10 lalhs rs. So how I can cancel that power of attorney . .

Advocate Salim Javed answered
Under the circumstances you've described, where a Power of Attorney was granted for your two-bedroom flat five years ago in exchange for ₹47 lakhs with the understanding of its eventual return, and the attorney is now refusing to accept the money back while demanding a property registry due to the increased market value, the immediate and critical legal recourse is the unequivocal revocation of the Power of Attorney.The process of revocation necessitates meticulous attention to detail to ensure its legal efficacy. Firstly, a formal Deed of Revocation must be meticulously drafted. This document should explicitly identify you as the Principal and the individual holding the Power of Attorney as the Attorney. It must contain precise details of the original Power of Attorney, including its execution date and registration number, if applicable. The operative clause within this deed must clearly and unequivocally state your intention to revoke all powers conferred upon the Attorney, specifying the effective date of this revocation. Crucially, the Deed of Revocation must be duly signed by you in the presence of at least two credible witnesses, who will also affix their signatures and provide their addresses.Following the drafting and signing, the next indispensable step is the notarization of the Deed of Revocation. Presenting the signed document before a Notary Public, who will verify your identity and witness your signature, lends significant legal weight to the revocation. Furthermore, if the original Power of Attorney was registered with the Sub-Registrar of Assurances, it is paramount to register the Deed of Revocation at the same office. This registration serves as a public record of the cancellation, providing constructive notice to all interested parties and significantly bolstering its legal standing.Beyond these formal legal steps, direct and documented communication with the Attorney is essential. A certified copy of the registered Deed of Revocation should be promptly dispatched to the Attorney via registered post with acknowledgment due, ensuring irrefutable proof of delivery. As an additional layer of protection and to provide widespread notice, it is highly advisable to publish a public notice of the revocation in a widely circulated local newspaper. This proactive measure safeguards against any potential actions the former attorney might attempt to take based on the now-revoked authority.

Q: Space for road between two plots

There are two plots touching the main road and my house is behind these two plots. Iare no other road that connects the main road. One of them constructed house 12 years ago and one land is open but who builds the house 12 years ago he leave a space of 1.5 feet and other, whose land is open he recently gave a temporary boundary to stop our path. We complaint the local panchayat and they came and solved by giving a 5 feet road but again the landlord give that boundary. What to do now?

Advocate Salim Javed answered
The situation you're facing with the obstruction of your access to the main road involves potential legal rights related to easements. Given that your house is situated behind two plots that directly touch the main road, and there are no other means of reaching the main road, you are essentially reliant on a pathway across these properties. The fact that one of the landowners constructed their house 12 years ago, seemingly leaving a 1.5 ft space, suggests a possible existing pathway. The recent action by the owner of the open plot to erect a temporary boundary and block your access, despite the local panchayat having previously intervened and established a 5 ft road, highlights a clear obstruction of what appears to be your necessary access.Under Indian law, particularly the Indian Easements Act, 1882, you may have acquired an easementary right in two ways. Firstly, through prescription, if you have been peaceably and openly using a particular path for access without interruption for a period of 20 years, a legal right to continue doing so can be established. The 12-year existence of the neighboring house with a 1.5 ft space left might contribute to this claim, especially if you and your predecessors have been using a pathway in that area. Secondly, you likely have an easement of necessity. This right arises when a property cannot be enjoyed without a certain easement over an adjacent property, which appears to be the case as your land is landlocked without access across these two plots to the main road. The panchayat's resolution to provide a 5 ft road further supports the recognition of your need for access. The landowner's subsequent disregard of this resolution by erecting a boundary is an actionable obstruction of your rightful access. To resolve this, you should first send a formal legal notice through a lawyer to both landowners, asserting your easementary rights and demanding the removal of the obstruction. If this fails to yield a resolution, the next step would be to file a civil suit seeking a declaration from the court recognizing your right of way and a permanent injunction restraining the landowners from obstructing your access. Simultaneously, you can seek a temporary injunction to immediately remove the blockage while the main suit is being heard, using the panchayat's resolution as supporting evidence. Gathering any evidence of your long-standing use of the pathway will be crucial in pursuing these legal remedies.

Q: Property with illegal dispute and title suit

My grandfather sold a property in 1995 for 78800.the person who bought had possession but registry was pending but later someone illegally captured and filed a title suit on us. What is the amount I am eligible to return to the buyer.

Advocate Salim Javed answered
This situation presents a complex legal challenge given the passage of time and the lack of a registered sale despite the transfer of possession. When your grandfather sold the property in 1995 for Rs. 78,800/-, the absence of a formal registration of the sale meant that legal ownership technically remained with him, even though the buyer was given possession. The subsequent illegal capture of the land by a third party and their filing of a title suit against your family further complicates matters.Regarding the financial liability to the original buyer, the starting point for any potential refund would undoubtedly be the original sale consideration of Rs. 78,800/-. However, several other factors will likely be taken into account by a court if this matter were to be litigated. The fact that the buyer was given possession of the land in 1995 and held it for some time would be a consideration. Conversely, the lack of a registered title is a significant point in the buyer's favor, as they never obtained clear legal ownership despite paying for the property.The supervening event of the illegal capture and the title suit also plays a crucial role. This event has created uncertainty and encumbrance on the property, potentially diminishing its value or making it unusable for the original buyer. Consequently, a court might consider factors beyond just the original sale price. These could include adjustments for inflation over the past three decades, the prevailing fair market value of the property at present, and potentially any demonstrable losses or legal expenses incurred by the original buyer due to the incomplete transaction and the subsequent legal complications. While the original sale amount provides a baseline, the final amount you might be liable to return could be significantly higher depending on how a court weighs these various factors and applies relevant legal principles. It is therefore imperative to thoroughly review all documentation related to the 1995 transaction to understand the full extent of your potential liability and the best course of action.