Advocate Sudhir Reddy

Questions Answered by Advocate Sudhir Reddy

Q: Husband suing on grounds of cruelty need clarity on its implications

My husband of 2 years is suing me on the grounds of cruelty. I want to understand what all does it cover. In terms of physical relations, does it only refer to denying intercourse? Does it take into consideration that couple had oral sex? On being sued for cruelty what implications would it have for me? Will I be able to retrieve the material goods (furniture, gold and hard cash) that were given to my husband and his parents during the days leading up to wedding day? I'm not expecting to get any alimony or get back with him. Will I be asked to pay something to have caused mental cruelty?

Advocate Sudhir Reddy answered
It can amount to Cruelty if the judge agrees to it.However regarding the financial claims you should mention that in the arguments or claim for the same and also our suggestion is to also claim for alimony since its your right.You should not be asked to pay for mental cruelty according to my opinion.

Q: Husband is refusing to give alimony what are my rights?

Hi.....I seperated from my husband after 4 months of marriage as he was a physcho and mentally harassed me a lot.....He dint not make any efforts to take me back home.And since he threatened to take my life even my parents dint want me to go back.He is ready for divorce but says i wil nt pay any alimony.But me and my family has suffered a lot because of him.Financially also my parents spent 14-15 lac and he did not contribute anything.He is currently earning 1.5 lac a month and leading a good life but my life and career too has been spoiled by him.Am i not eligible for alimony?

Advocate Sudhir Reddy answered
yes you are eligible .The amount of alimony depends on various factors for eg if you are working,your standard of living etc.How ever the court will only grant divorce after a year of marriage but you can always start with your divorce petition at the court before that.You can also claim for maintenance when the court proceeding is going on.Also collect all evidence which shows the harassment it will be easier to contest divorce .

Q: Wife more qualified then husband is she liable to ask for maintenance

Hello, I am currently undergoing Divorce in Pune Family Court, please answer my below questions a) My education is B.com and wife's M.A. besides wife was working before marriage accepted in written say by Wife. Do I still need to pay monthly maintenance to her? b) Wife had deserted me for 2.5 years after which I filed Divorce, on knowing this, Wife immediately filed a false 498a though I had never asked for a single rupees and I am against Dowry, if the 498A court decision goes in my favour, can this act as evidence of cruelty in the family court?

Advocate Sudhir Reddy answered
You will have to still pay maintenance however you can always argue for reducing the maintenance showing her qualifications at the court.And you can prove cruelty in the family court by showing the 498 A in your favor.

Q: Want to sell father's property but brother not agreeing for the same?

We are two brothers living with our family in Mumbai. This house belonged to my father who died and mother has also died. I am the younger son. I want to sell this house, but my brother is not ready to sell nor willing to give me my share. What can be done pls. advise.

Advocate Sudhir Reddy answered
you need to file a partition suit in the court for the same.Being the legal heir you have all the rights to the property as much as your brother. A partition suit is a civil suit and you need to send a legal notice before that .

Q: Want to know the procedure for Divorce

want to know the procedure for divorce from my wife?

Advocate Sudhir Reddy answered
You need to send her a notice.after which if she agrees for mutual divorce you can file for the same or else you need to file at family court requesting in the plaint for divorce under certain grounds provides by law.