Advocate Suneeta Ramesh Shukla

Questions Answered by Advocate Suneeta Ramesh Shukla (50+ answers)

Q: Can a housing society object to the resale of a property? What are the rules regarding the sale of a

I want to sell my flat, which is in a cooperative housing society. Can the society object to the sale of my flat if I have paid all maintenance dues and have no outstanding payments? Are there any rules regarding the sale of a flat in a cooperative housing society, such as restrictions on selling to a person belonging to a scheduled caste? Can the society create hurdles or prevent the sale if they protest? Some members say that no owner has the right to sell their property without the society's permission. Is this true? Can a registered society sell its property? Kindly provide legal advice.

Advocate Suneeta Ramesh Shukla answered
First of all, see the rules and regulations of your society. If there is anything written in respect of that then there will be provision also for the same. Generally it depends on by-laws of the societyso first ask for the same from the society and then contactAdv. Suneeta Shukla

Q: What should I do if I am unable to pay the maintenance? What if the husband is unable to pay mainten

I am jobless, and before the judgment to pay maintenance to my wife of Rs. 11,000/- per month, I was unable to pay it. To date, I have not received any job of that kind. I only received a temporary job of 3-4 months, paying me around Rs. 6,000/- per month. My wife has filed a petition for not receiving maintenance. I was not present at the court hearing, and the court has issued an NBW against me. I changed my residence, and many warrants were sent to my parents, which they returned. Now, the family court has ordered a punishment of around 4 years. What should I do if the husband is unable to pay maintenance?

Advocate Suneeta Ramesh Shukla answered
I advise you that please do not avoid Court proceedings further. If you do not attend then problems become serious and thus orders against you passed. Anyway now challenge the order of Maintenance and apply for cancellation of NBW. But for that you have to deposit some amount of Maintenance.

Q: How many summons can be issued in criminal cases before issuing warrant ?

how many summons can be issued before issuing bailable warrant in cheque bounce case?

Advocate Suneeta Ramesh Shukla answered
There is no such provisions regarding number of issuance of summons before issuing Bailable warrant. When the court is satisfied that summon is duly served to the party and any application is being made by the party for issuance of bailable warrant then the court may issue the sameAdv Suneeta Shukla

Q: Can I go abroad if a Cheque bounce case is going on ?

I have a cheque bounce case ongoing in court for the past year, and now I wish to leave India on my wife's dependent visa. What further implications might I face if I cannot attend the court trial while abroad, and are there chances of a legal order compelling my return if discovered overseas?

Advocate Suneeta Ramesh Shukla answered
In case of Cheque Bounce cases..there is provision of punishment and fine if you are proved guilt. So, if possible then it is better to compromise with the Complainant and thereafter proceed to abroad. By such act, no criminal case will be pending against you.

Q: No maintenance to educated wife supreme court

If my wife is an MBA graduate, can she still claim maintenance? Is there no alimony to an educated wife if she is capable of working and earning enough to meet her daily needs? I have a B.Com degree.

Advocate Suneeta Ramesh Shukla answered
If your wife has the capacity to earn, was previously employed, or is currently working, you have strong grounds to deny maintenance. Even if she is not working now but was employed earlier, it strengthens your case against providing maintenance.