My neighbour stares at me and my sister: What should I do?

My neighbours built the house recently. His balcony covers half of the road and standing on the balcony he stares at me and my sister. Most of the time we stay inside home, if we go out to buy vegetables, he comes and keeps on staring. He throws cigarette pieces at my home. Difficult to live in my own house. How to deal with this issue? Old granny at home and I don’t have anyone to support. Since I’m a girl I should not raise my voice.

You should file a complaint before the women helpline 1090. There are several laws which give protection to the women against any kind of physical or sexual harassment. Your neighbour is committing an offence which is punishable under Section 354-D of the Indian Penal Code. Stalking is an offence under Section 354-D of the Indian Penal Code.

When you file a complaint before through the women's helpline, the said complaint will be sent to the concerned magistrate. The magistrate will take bond from your neighbour under Section 107 of the code of criminal procedure.  

You can also file a complaint directly in the court of judicial magistrate under section 200 of the code of criminal procedure.  The Matisgrate has the power under section 204 CrPC to issue either summon or warrant to your neighbour. Your statement is sufficient for lodging such a complaint. 

If possible, you should take a video recording of his activities. However, such a recording is not mandatory. But it may empower the court to immediately take cognizance and issue a warrant against him.

Husband has not been paying maintenance since March 2020

The court has ordered under section 125 crpc to pay maintenance @18000 per month. But my husband has not been paying the maintenance and he wants to file a divorce case against me. I have contacted my advocate for taking legal action against my husband for payment of maintenance but he said that it is barred by limitation. What remedy is available for me?  I am living in destitution and paying the fee of my children out of the savings. 

Once the court has passed a maintenance order under section 125 of the code of criminal procedure you should take steps of execution. You should file an execution petition under section 128 of the code of criminal procedure. 

There is no limitation period in execution petition under section 128 crpc

The court has power to execute its order by issuing notice to the husband. The opinion of your advocate is false and it is against the mandate of section 128 of the code of criminal procedure. Section 128 CrPC does not postulate any limitation period for filing an execution petition.

Thus you have the right to file an execution petition before the court however there is a long delay. Subsection 3 of section 125 mandates a one year limitation period for payment of maintenance which is due on husband. 

But this provision is not applicable on the execution petition filed under section 128 CrPC. I think your advocate has wrongly interpreted the provision of section 125 and advised you that the execution petition is barred by limitation period. 

In Mohammad Usman Alias Bhai Lal vs State Of U.P. and Others; the Allahabad High Court has held that there is no period of limitation towards execution petition under section 128 CRPC. 

Even otherwise, a plain reading of the first proviso to Section 125(3) would show that the limitation of making an application within a period of one year from the date on which it becomes due would only be applicable in case of issuance of a warrant for recovery of any amount due under the section, and it does not contain any restriction on a claim to be made for enforcing the order of maintenance for which the provision is made under Section 128.

Mohammad Usman Alias Bhai Lal vs State Of U.P. and Other

Therefore, you should file an execution petition before the Honorable Court as soon as possible. You should not cause any unreasonable delay in filing an execution petition. The case is fit for execution because the Court has passed a maintenance order in your favour and your husband has not been obeying that order. There is no bar on the admission of an execution petition on the basis of delay.

I want divorce because my wife is a characterless lady

My wife has illegal relations which I did not know at the time of marriage. She is a characterless lady so I want divorce. I got married in 2008, and my marriage life is still very good till Dec 2019. In Dec 2019 I found that my wife has been characterless for so many years, approx 5 to 7 years. But I have no solid proof. After Dec 2019 to till date I found she has an abnormal negative change in her behaviour with me and my 70 years old mother. She misbehaving with me and my mom. And she gives us warnings every day about police cases. 

And finally she claims 498-A in mahila police and 125 in court. My question is that I'm ready to accept her.but she does not want to come. She claim a totally wrong case against me. I am in trouble. She is misusing ladies law. What can I do? I also have a 12 years old child with her. I think she has no feelings for me.

File an application in the maintenance petition. You should file an application in the maintenance petition filed under Section 125 crpc. According to Section 125(4) crpc, the wife cannot get maintenance if she has been living in adultery. You have evidence to prove her extramarital relations.

File a divorce case. You have evidence to prove her extramarital affairs. Your wife has been living in adultery. Section 13 of the Hindu Marriage Act envisages adultery as a ground of divorce. Hence, file a divorce case in the Family Court.

Adultery disentitles the wife to get maintenance. Her petition of maintenance under Section 125 crpc will fail, and the court will dismiss her petition if you file an application immediately and protest her claim of maintenance.

No wife is entitled to receive an allowance from her husband under this section if she is living in adultery or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

File a petition for quashing of the 498-A case. You should file a petition before the High Court under Section 482 crpc for quashing the 498-A case. Your wife has no evidence of cruelty, and you can prove that after revelation of her extramarital relations, she has filed this complaint. The High Court will quash this criminal proceeding.

How much share do I get in my father’s property?

My father has died but my mother is alive. I have 5 sisters and we have 4 brothers. Among them 2 sisters and 1 brother are below the age of 18. My father had owned 9 acres of land but he died without any will. And my mother owns 1 acre of land. How much share do I get in my father's property? For Making of EWS certificate who will be included in 'Family' (as given in EWS certificate format) and what will be the total land share of that 'Family'. 

Under the Muslim law, distribution of property can be made in two ways – per capita or per strip distribution. The per capita distribution is prevalent in Sunni law. According to it the legal heirs get equal share in the property of the deceased person.

The per strip distribution method is recognised in the Shia law. According to this method property devolves upon the legal heirs on the per stripe basis and each stripe gets equal share. 

Here I advise as per the Sunni law because majority of population belong to Sunni. Deceased’s parents, wife and children are the legal heirs. So the property will equally devolve upon legal heirs. All will get equal share because Muslim law does not discreminate between the male and female legal heirs. 

Your father has died intestate hence, your mother and siblings are the legal heirs. There are ten members in your family hence each member will get 1/10 share in the property. Therefore, each member will get 0.9 acre land in the inheritance.

Can I get maintenance from my unemployed husband

Can I get maintenance from my unemployed husband? My husband is unemployed due to heavy losses in business during the Covid period. He is still not working but capable of feeding his family. Recently he has developed an illegal relationship with his ex-employee and is planning to marry her. 

Therefore, there was a lot of quarrel between us after the revelation of that relationship. Now I have left his house and am currently living with my parents. I want to claim maintenance from him.

Despite your husband's current unemployment status, he possesses adequate means to provide for his family's well-being. However, valid reasons have led you to choose a separate living arrangement, primarily due to a quarrel arising from his concubine.

As a legally wedded wife, it is well within your rights to claim maintenance under Section 125 of the Code of Criminal Procedure. Therefore, filing an application for maintenance under Section 125 crpc is highly recommended.

Although your husband is without a source of income, it is vital to note that as a guardian, he is obligated to provide for his wife's needs. Thus, his lack of employment does not justify refusing maintenance, provided he possesses sufficient means, and you can demonstrate that you are living in a state of destitution.

Unemployed husband is also bound to maintain his wife

It is important to note that an unemployed husband still holds the responsibility of providing maintenance to his wife. As a guardian, he is obligated to ensure the well-being of his spouse, and his unemployment status does not absolve him of this responsibility. Therefore, your husband cannot refuse to provide maintenance to you due to his lack of employment.

However, to claim maintenance under Section 125 crpc, you must be able to demonstrate that your husband possesses sufficient means to provide for you and that you are living in a state of destitution or vagrancy. Proving this is essential to ensure that you receive the necessary financial support to maintain a decent standard of living.

WIfe is entitled for maintenance even if she is living separately

When a wife is living separately from her husband, she must prove a valid reason for the separation. The presence of a concubine or mistress is considered a justifiable cause for the wife to live separately from her husband. This is explicitly recognized in Subsection 3 of Section 125 crpc.

In such cases, the wife is entitled to claim maintenance from her husband, even if he is currently unemployed and they are living separately. It is crucial to note that the obligation to provide maintenance to the wife remains with the husband, regardless of his employment status. Therefore, if you can prove that you are living separately due to the presence of a concubine or mistress, you are entitled to receive maintenance from your husband, even if he is currently unemployed.