Advocate Sandeep Nayak

Questions Answered by Advocate Sandeep Nayak

Q: Wife demand total property of husband as maintenance

Husband wife was separated from 7 years but they didn't get divorce.for divorce wife demand total property of husband as maintenance.when wife is independent also they don't have any kids.is it possible

Advocate Sandeep Nayak answered
No, a wife cannot automatically claim the entire property of the husband as maintenance merely because divorce proceedings are pending. Maintenance, whether interim or permanent, is determined by the court after considering factors such as the income, assets, financial needs, standard of living, age, health, and earning capacity of both parties.If the wife is financially independent and earning sufficient income to maintain herself, the court may reduce or even decline maintenance depending on the facts and evidence placed on record. The absence of children is also a relevant factor while determining the quantum of maintenance.

Q: House owner rights for staying in his own house

I am purchase a house from BDA Bhubaneswar in the year 2022.My brother is staying at that house.He is developing illegal constructions over roofNow he demanding 70% house transfer in his spouse name.Due to this disputes my family member is staying at rented house.I am owner of this house.But I am staying outside.

Advocate Sandeep Nayak answered
You appear to be the absolute owner of the property purchased from BDA in 2022. Your brother cannot legally claim 70% ownership or seek transfer of the property in his spouse’s name merely because he is residing there. If the property stands exclusively in your name and there is no registered document conveying any share to him, he has no proprietary right over the house.Since your brother is allegedly carrying out unauthorized construction on the roof and is interfering with your peaceful enjoyment of the property, you should immediately issue a legal notice calling upon him to stop all illegal activities and vacate the premises. You may also lodge a complaint before the local municipal/BDA authorities seeking action against the unauthorized construction.If he refuses to vacate, you can institute a civil suit for declaration of your exclusive title, recovery of possession, mandatory injunction for removal of unauthorized constructions, and permanent injunction restraining him from creating any third-party interest or making further alterations to the property. Along with the suit, you should file an application for temporary injunction to prevent further construction during the pendency of the case.Keep all title documents, sale deed, possession letter, tax receipts, and records showing your ownership ready. If there is any threat, intimidation, or attempt to forcibly dispossess your family members, a police complaint may also be lodged. The exact legal remedy will depend upon the nature of his occupation and the documents available in your favour.

Q: filing divorce petition by husband

I am filing divorce on mental cruelty ground. And there are 14-15 instances. I put all details in the draft. The lawyer is saying if you put all it will backfire on you. The opponent lawyer will ask you many questions and trap you. Better limit it to 2 para only. My question: 1 divorce is caused by many things. If all are true why should I fear? 2 how can judge verdict without knowing all details?

Advocate Sandeep Nayak answered
Mental cruelty is usually established by the cumulative effect of several acts and circumstances, not necessarily by a single incident. If the pleaded facts are true, relevant, and capable of proof, there is no reason to exclude them merely to reduce the length of the petition. However, pleadings should be precise and confined to material facts, as every allegation may be tested in cross-examination. The court determines the issue on the basis of the entire course of conduct proved by evidence, not on the number of paragraphs in the petition.

Q: My daughter is occupied by sister innoaw

Hi, I have put my daughter at father in law last two year back with out my knowledge my sister in law occuied my daughterNote my sister in law staying at beside my father in law

Advocate Sandeep Nayak answered
As the natural mother, you have the right to seek custody of your minor daughter. If your daughter has been staying with her grandfather (father-in-law) for the last two years without your consent or if circumstances have changed, you may file a custody petition before the Family Court under the Guardians and Wards Act. The welfare and best interests of the child are the paramount considerations for the Court while deciding custody matters.If you apprehend that the child is not being properly cared for or is being influenced adversely by any person residing there, you may bring those facts before the Court and seek immediate custody or at least visitation rights. The Court can also interact with the child and pass appropriate interim orders.

Q: Bahu ke dwara maar pit or sas ke ghar me nikale ke babjud v kabja

Saas ka do ghar hai ek ghar jo sas ke nam se hai usme beta bahu ko rhne ko diye the or jb beta bahu ke jagda ke wajah se sas ko v maar pit kiye isliye sas apne ghar se nikalne ke liye ghar khali krwana chati h pr khali nahi kr rahi hai beta ko v nikal di h akele bahu ghar kbja kr rhi h or dusre ladke ke sath aana jana hota h

Advocate Sandeep Nayak answered
Yadi ghar sas ke naam par hai aur vah uski swayam-arjit (self-acquired) sampatti hai, to sas ko apni sampatti par poora adhikar hai. Agar bahu ka us ghar mein koi swamitva adhikar nahi hai aur vah keval pati ke saath reh rahi thi, to sas uchit kanooni prakriya apna kar ghar khali karwane ke liye civil suit ya eviction sambandhi karwai kar sakti hain.