Advocate Uday Madhukarrao Chavan

Questions Answered by Advocate Uday Madhukarrao Chavan

Q: House Property in case of Divorce

I have own house registered in me and my fathers name. The house was bought with my funds before marriage. My wife is now asking for divorce and I would like to know if she would have any stake in the property that I bought before marriage.

Advocate Uday Madhukarrao Chavan answered
she can claim upto your shares and the shares of your father in that house. though u have purchased it prior to marriage or after marriage. relevancy is that now you own half share in that property on which she can claim.

Q: how to get divorce if husband is not ready

I am married for 3 years and 2 months pregnant now. my husband smokes and drinks alcohol. before our marriage I had already clarified with him that I and my family will not be okay with all those things and he too lied and hid about his such habits. After our marriage he used to pick up fight over petty household things and drinks over same issues though later he apologize and promise that same wont happen again. It is also frequent for to talk demeaningly about me and my family, even about his parent too sometimes. but it has been enough now, after he picked up argument over no different reasons and was drinking almost half a day. asked me to come to bar and pay his bills. After that he thrown things at home and even hit me. I just can not be with him now. How can I get divorce if he is not ready for it mutually?

Advocate Uday Madhukarrao Chavan answered
if he is ready then you can get it by filing mututal consent petition and now there is no need to wait for six months as per supreme court verdict. if still he is not read to divorce then u yourself can initiated the divorce proceedings and can get it from court. but the burden of proof is on u. u have to put the grounds and also have to prove it.

Q: How to transfer a property in the name of one of the co-owner

I belong to Hindu family, my father passed away 5 yrs back and mom is alive. The property is in the name of both( father and mother) and we are three siblings ( two sisters and one brother) all adult. But due to differences with my brother my mom wants to sell that property and buy another one, for that does she needs my brother’s NOC or what legal procedure is required. Please guide me. Thanks

Advocate Uday Madhukarrao Chavan answered
first it is not clear that is it a self aquired property of your father or ancestral property. if self aquired then the name of your mother shall be mutated first on revenue registers and then she can do so and you all have to sign the deed of sale.

Q: Maintenance during rcr case is going on

 Wife left home 9 months ago . I put RCR application. Court asked her to put her statement on next hearing.She is doing BAMS undergraduation. I am doing my post graduation. I have stipend (not salary) of 10000 per month. If she asks for maintainence- 1.how much amount will court order as I need at least 10000 for my daily expenses in metro city. 2.for what duration I have to give maintainence. 3.will I have to give money for her education or only for daily expenses and travelling because she is in private college and she took admission before marriage and I can't afford that. 4.only my income is considered or my family's income also considered??

Advocate Uday Madhukarrao Chavan answered
multiple questions raised by you. friend, as per supreme court"s verdicts it is mandatory on every husband to maintain his wife though he is not doing or he is jobless. the condition precedent is that the husband should be well bodied person and the wife cannot maintain herself . unless and until u people reside and cohabit with each other or divorce by mutual consent is not taken place. court will definitely consider your educational background and financial things while granting or deciding the application for maintainance. the income of husband is important not the income of whole family.

Q: liability of son in cheque bounce case against father after his death

my father had given a blank cheaque to one of his friend and he had field a case against him stating that he is payable 10lac amount to him and my father died in 2015 and case was field in 2009 can my dad friend recover amount from his son as his son was not aware of his dad business can you guide on this please

Advocate Uday Madhukarrao Chavan answered
No, as per law, personal actions die with a person. in cases of cheque bounce if the accused die then the complainant cannot file a case again.st his legal heirs . he can recover it by filing civil case of recovery