Advocate Vijay Ramesh Joshi

Questions Answered by Advocate Vijay Ramesh Joshi (25+ answers)

Q: how to remove notorious wife from matrimonial home legally

how to remove notorious wife from matrimonial home legally contested divorce already put property is ancestral

Advocate Vijay Ramesh Joshi answered
First, you cannot remove your wife from the matrimonial home by force or without due process of law, even if a divorce case is pending.Under the Protection of Women from Domestic Violence Act, 2005, a wife has a right to reside in the “shared household,” irrespective of ownership (even if the property is ancestral or in your name).However, your remedies are:1. If property is purely ancestral/joint family property and not a self-acquired matrimonial home, you can file a civil suit for injunction or possession to establish your rights and limit her claim.2. You may also approach the court in the pending divorce proceedings and seek appropriate interim orders regarding residence arrangements.3. If there is misconduct, harassment, or false cases, you can place those facts before the court and seek restrictions or alternative accommodation directions.4. In some cases, court may direct the husband to provide alternate accommodation instead of allowing continued residence in that specific property.Important: Any attempt to evict her forcefully may lead to serious legal consequences, including criminal complaints.Hence, the correct path is to proceed through court orders only, not self-help.

Q: Land Sold As Per Society Registration Paper And Layout

Sold a land as mention in the society and layout which was purchased by me actually the land without measurement. Now the buyer has complain about short of land which was mention iin the paper...in police station...what are remedies and solution for me as I have sold it as it is as I had purchased it .

Advocate Vijay Ramesh Joshi answered
This is primarily a civil dispute regarding measurement/area discrepancy, not a criminal matter. Police generally have no jurisdiction unless there is clear evidence of cheating or fraud.If you have sold the property “as is where is” basis and the same description/area was mentioned in your own purchase deed, then your liability is limited—provided there was no intentional misrepresentation from your side.Your immediate steps should be:1. Check Sale Deed – Verify what exact area, boundaries, and clauses are mentioned. If it contains standard clauses like “as is where is” or no guarantee of exact measurement, it strengthens your position.2. Measurement Issue – Minor variation in land measurement is common. Buyer should ideally have done due diligence before purchase.3. Police Complaint – You can respond through a written reply or advocate notice stating: 3.1 You sold the land exactly as you purchased it 3.2 No false representation was made 3.3 Dispute, if any, is civil in nature4. Civil Remedy (Buyer’s Side) – Buyer can only file a civil suit for recovery or compensation, not a criminal case unless fraud is proved.5. Precaution – Keep all documents ready (your purchase deed, sale deed, layout plan, etc.) and avoid admitting liability without legal advice.In short, unless there is clear cheating intent, this matter will not sustain as a criminal case and will remain a civil dispute.

Q: URGENT: Complaint Regarding Impersonation and Misuse of My Photos on S

I would like to lodge a complaint regarding misuse of my identity and unauthorized use of my personal photographs on social media platforms.An unknown person has created fake accounts on Facebook and Instagram using my name and personal photos without my consent. These accounts are actively posting my photographs, which is causing serious harm to my personal and professional reputation. I am also concerned about my privacy and safety due to this misuse.I confirm that I am the real person and

Advocate Vijay Ramesh Joshi answered
From the facts mentioned, it appears that someone has created fake social media accounts using your identity and photographs without your consent. This amounts to impersonation, identity misuse and may also attract provisions relating to cyber offences and defamation.You should immediately take the following steps:1. Report and request removal of such fake accounts on Facebook and Instagram through their grievance mechanism.2. Preserve all evidence such as screenshots, URLs, messages and account details.3. File a complaint with the Cyber Crime Cell or through the online cyber crime portal regarding impersonation and misuse of your identity.Taking prompt action is important to prevent further misuse and to protect your reputation and privacy. Proper documentation and legal follow-up will strengthen your case

Q: Family Iss - Husband Keeps Mentioning His Sister As Dependent Sibling

Husband working in company mentioned his sister as his sister dependent sibling. Husband live with wife and daughter and his parent and sister live at different place. His parents both are pensioners and sivoercedsister is also working as CS since 7-8years. So she is not dependent on him financially, or emotionally or in any other way. Wife have objection to this. What she should be doing in this case. Is there any laws or rights which can help wife.

Advocate Vijay Ramesh Joshi answered
From the facts mentioned, the issue appears to be regarding declaration of a dependent in employment records. Generally, such declarations are made for internal company purposes like benefits, insurance or tax-related matters.If the sister is actually independent and not financially dependent, mentioning her as a dependent may be incorrect from a factual standpoint. However, this by itself may not directly give rise to a legal claim by the wife unless it affects her rights or financial entitlements.If any financial benefit, insurance claim, or nominee-related issue arises where the wife’s rights are being prejudiced, she can raise an objection and seek appropriate correction through the concerned authority or take legal recourse.At this stage, it is advisable to first verify what specific benefit or purpose the “dependent” declaration is being used for, and then take appropriate steps accordingly

Q: Husband have extra marital affair and have 2 kids, filed for divorce

As I informed all relatives that he is having an affair since 3 years and not paying anything to me n my kids. He has filed divorce case for with mental cruelty. I dont want to spend money and time in courts. I already have 2 kids and office overloaded alone. What can I do?

Advocate Vijay Ramesh Joshi answered
From the facts stated, it appears that your husband has filed a divorce case alleging mental cruelty while also not providing financial support to you and your children. Please note that even if a divorce case is filed, you have full legal rights to claim maintenance for yourself and your children.You are not required to run around unnecessarily in court. Your lawyer can represent you, and your personal appearance is not required on every date. You may also seek interim maintenance so that immediate financial support is ensured during the pendency of the case.If you do not wish to prolong litigation, you can explore the option of settlement or mutual consent terms, provided your financial and children’s interests are protected.At this stage, it is important to respond properly to the divorce case and secure your rights rather than ignoring it. Proper legal steps will reduce your burden and protect your position