Advocate Sujnaneshwari Shetty

Questions Answered by Advocate Sujnaneshwari Shetty

Q: Get help from court to construction of my house

Dear sir,nMy site attached house people are always objecting to construct our house, they're coming to fight to stop construction. Due to this problem we lost our father, now I want to continue construction of my house on same site, How can I get help from court. Can I get injection order from court till complete my construction? Please advise me as early.

Advocate Sujnaneshwari Shetty answered
yes if you have a clear title and plan no ody can stop you from constructing your house. You can get injuction order from court in case any one tries to stop your work and you can even lodge complaint with the police

Q: Divorce case- Evidence stage pending state

Hi, I got married 3 years ago and filed for divorce on basis of mental cruelty as wife was not ready to have kids. And she is working woman. nAfter 6 months of filing petition I had to travel abroad and next week it will become failed mediation as we did not reach settlement amount. I will not be able to travel to India for 1 year from today. Can I keep the evidence stage as pending until then?

Advocate Sujnaneshwari Shetty answered
The court may place you exparte and proceed with the case if you don't represent the case. it is better to engage a lawyer in your absence so that the case is represented by lawyer in your absence. Also you can give your power attorney to someone to represent you in your absence even though you may be required be there for important stages

Q: Husband filed divorce on the grounds of cruelty

My husband abandoned me since May 2022 and now I received a notice of divorce which he filed under on section 13 ia. As soon as one year completed for marriage he filed divorce. I am staying at his house which is rented and now i got to know that he didn't pay the rent from last 2 months and have informed landlord that he is vacating the house by next month. Right after the marriage he made me to sleep in another room and humiliated and said he doesn't have any interest in me and said me many a times to leave his house and go back but i didn't so he only left in May 2022 saying he is going out for 2 weeks with some work and he didn't turned up and while staying with me also he didn't provide me with any basic needs of survival and my family provided me with groceries and basic needs. I thought he will change some day so didn't take any action against him but now he sent a divorce notice and mentioned that i harassed him emotionally and mentally. So what shall I do now. We both are hind

Advocate Sujnaneshwari Shetty answered
You have to appear before family court on next date and defend your case otherwise you will be placed exparte and proceedings will go on in your absence. To avoid that it is better to appear in person or through a lawyer to defend your case.

Q: Hi, I got married on 28 April 2022 and post that me and my wife have been having arguments over pett

Hi, I got married on 28 April 2022 and post that me and my wife have been having arguments over petty issues. She's staying with me and family in our home in Bangalore and the entire environment of the house has become really negative as there are arguments almost daily with me and my family members too. For small small issues she goes behind my back tells everyone in my family and her family and then create a ruckus. All this is affecting me and my family's mental peaceful. Today we had argument again over me having a drink and a smoke which i had already told her before the marriage that I do occasionally but she went and said that to my parents and then upon being pointed out that she had also drank she started an argument with my entire family,blamed me for physical harassment and when I told her dad all this he said that throw my daughter out of your house and he misbehaved with my mother too. What if she stays at home with my family and does something and blames my family for it?

Advocate Sujnaneshwari Shetty answered
what are looking for. ? To give divorce or sort out the difference? based on your decisions you can take a call. If you want to live with her please talk to her and find out how your relation can be improved and what she is expecting from you etc. And if you feel you it is not possible to continue apply for mutual divorce if your wife agrees otherwise you have to go for contested divorce

Q: Whether i will get my money back from my husband

My husband filed section 9 against me from Mumbai after 1 month i filed 125 crpc maintenance case from Bareilly.I have 2 months old son that's why i didn't go to attend his hearing .1 year of arrange marriage only.My parents gave 10 lakh cash money but no proof and some gifts.Iam working and husband is working.Whether i will get maintenance for me and my son?nWhether i will get money and gifts back ?nWhen to file interim maintenance?

Advocate Sujnaneshwari Shetty answered
mediation is successful only if both parties agree to come for some sort of settlement. If you don't agree for settlement then the counselor will send the file back to court to be heard on merits. The mediator cannot take any decisions on behalf of the parties. He can only fecilitate settlement.