I am the owner of a flat purchased it before the marriage. My father is the co-owner in that property, and he also paid some amount in the purchase of the flat. The instalments of the EMI is about to complete. My father has relinquished his share in the property by making a gift of his share. Now there is some dispute with my wife, and she is threatening to take this flat. Whether my wife has any right in the flat? Could she claim partition of the flat on divorce? We are Hindu, and our marriage is an arranged marriage.
It is an undisputed fact that you are the absolute owner of the flat. You have purchased it out of own income; hence, it is your self-acquired property. However, your father had contributed to some extent in the purchase, but later on, he has relinquished his right in the flat.
Husband is responsible for maintaining his wife. He has to do financial support even after the divorce. The provision of Section 25 of the Hindu Marriage Act, Section 18 of the Hindu Adoption and Maintenance Act and Section 125 of the Code of Criminal Procedure enumerate that wife has right to maintenance from her husband. Therefore, a wife has the right to maintenance instead of the right to share in husband’s property.
You asked whether the wife can claim right in the husband’s property. Property right of a wife is the most critical issue at the time of divorce. The wife has no co-ownership with equal right in the self-acquired property of the husband. Right now, the spouses continue to treat the wealth they bring into the marriage as their separate property.
Wife has an absolute right in the stridhan. When the husband gifts some property to his wife, he at the subsequent stage, cannot reclaim that property. That property becomes the stridhan of wife, and she is the absolute owner. Except this, the wife has no right to claim her share in the husband’s self-acquired property.
The only right she has, while her marriage is persisting, is the right to get maintenance from her husband, which is not even enough to survive with dignity. If she divorces her husband because of any reason she gets nothing from her husband’s property except permanent maintenance alimony.
Hence, she cannot claim in the flat as well as any other property of the husband.
I’m a tenant, and I think I’m being ripped off my money. The scenario is, the rented apartment had an AC, which is very old and did not cool properly. After raising multiple complaints and not getting any help from the owner or the broker, I bought my own AC. Now since my room does not have a place to keep the compressor, I figure I could keep it my flatmates balcony. Which worked, the only thing is the pipe had to go from the wall between our rooms. Since my lease says I can do any structural damage, I put the hose around the wall outside.
After two to three months the society office calls me and since that’s not allowed and I should either take it out or put a grill on the window. Again the grill would be a permanent change, and I didn’t want to spend money on it, I asked the broker to talk to the owner to pay for it (who rudely said no chance they are doing that).
After two weeks of being behind the broker, he says you don’t worry society office must’ve just warned they won’t take any action and will forget about it so don’t do anything. Moreover, so I didn’t. After another month the issue went out of hand, and they wanted it out. The broker got involved again (when I had informed him this would happen). He started telling me can you remove it or come up with any alternative. We did, and we decided to put braces, which I was going to pay for.
The owner doesn’t like this and wanted a grill only (which she doesn’t want to pay for). Thinking I being taken advantage of I said no, not happening either give me an AC or put the grill. The broker in an attempt to diffuse tension said he would pay for it. Then he calls me after a few days. He says there’s no point of him paying for the grill for the owner (which btw is exactly what he expected me to do earlier). He then says he will get the old AC repaired, which is ok with me.
He told the society office it would out in a week. He didn’t give me the repaired AC till two weeks later on a Wednesday. I then had decided to get the new AC out on Sunday on which day I get a message from the owner saying we have been fined 5000₹ for the pipe. The pipe was taken out that day.
I did my part of informing the broker and trying to get it sorted. I even was willing to pay for an alternative. I did not sign or see any document for the society where it says I can’t put a pipe on the wall. It did not cause any damage to the property. Now tell me is there any legal right for them to fine me the 5000₹.
Oh and the owner is the chairman of the society board who between does not like me, and I think all of this is a ruse. Can you please tell me if there is anything that I can do.
When the landlord let out his house, he has to maintain the house in inhabitable condition and also assure to supply all the necessary amenities. In your case, the air conditioner (fixture) was not working properly, and in that condition, it was inevitable for you to install and new AC.
Whenever a new fixture is necessary to install in the inhabitable house, either owned or rented, so it becomes essential to do some modification in the house. You did so because the old AC was not working and the landlord was not keen to co-operate in the matter.
The fine imposed by society is unlawful and arbitrary. Society has no power to levy such hefty fine without appreciating the facts of the case. It is not mandatory that each act of tenant must reflect in the rent agreement. The tenant has inherent power to make some minor alteration in the house if the landlord refuses or neglects to do so.
However, it is the paramount duty of the landlord to maintain essential amenities in the house. Installation of AC in full working condition is the facility which increases the amount of rent. You have paid high rent in lieu of the facilities provided by the landlord.
You have done your part by taking out the pipe from the balcony of neighbour’s flat. You may restore the wall so as to bring it in the previous condition. It was not a crime like mischief as far as the circumstances of your case are concerned.
You have the right to install a new AC if the old one was not working well. However, it was the duty of the landlord to repair it so as to work properly. You said that you raised multiple complaints to the landlord and got no response from him; hence, it was the last resort to install your own AC. Your act is entirely lawful and according to the provision made in the rent control act. If the landlord files any case against you, he will not succeed.
You should not pay the fine because the act of society is ultra vires. Society acted arbitrarily without allowing you to be heard. It has levied a fine for the lawful and bona-fide act of the tenant. You did nothing wrong. Instead of it, you have exercised your duty to maintain the basic amenity whereas the landlord refused to do so.
What should I do if someone is imposing the wrong section of IPC 506 charges against me who has not been done by me?
Criminal intimidation is an offence under section 506 of the Indian Penal Code (IPC). This non-cognisable and bailable offence. When criminal proceeding has initiated against you for criminal intimidation on the false ground, you have the right to challenge the legality of proceeding before the High Court.
The High Court has inherent power under section 482 of the Code of Criminal Procedure (CrPC) to quash the false criminal proceeding. In State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 the Supreme Court held that the court should exercise its inherent power either to prevent abuse of the process of any court or otherwise to secure the ends of justice.
File false FIR or Complaint is indeed an example of abuse of the process of the court. Filing a false complaint is an offence under section 196 of the IPC. At this stage, you have to approach the High Court for protection against abuse of process. When a person files a false complaint, he abuses the process of the court [Amanullah v. State of Bihar, (2016) 6 SCC 699].
In the Bhajan Lal case, the Supreme Court held that when allegation made in FIR or complaint is so absurd, and no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused, then the court shall quash that proceeding.
You should file a petition before the High Court under section 482 of the Code of Criminal Procedure. If you have any documentary evidence to prove that the complaint is false and frivolous then it’ll be easy for the court to quash the proceeding. However, the court has the power to quash the proceeding sans any evidence. The court examines the complaint that prima facie any offence is made out of it. If the court finds that no crime is made out or the complaint is false, or allegation made with the ulterior motive to harass the petitioner, then the court shall quash the complaint.
I booked a flat in a development project situated in Lucknow, Uttar Pradesh. The builder said that the project would complete in July 2016. However, I booked the said flat in the year 2014, but it is still under construction. The builder refuses to return my hard-earned money. More importantly, I have paid the total amount in the year 2017.
Now the worst scenario is the builder says that he has no money to complete this project and the LDA had restricted further construction. I want to file a complaint in RERA for return of the total amount. Whether the claim will be maintainable because I booked the flat before the commencement of RERA.
Your complaint is maintainable under Section 18 of The Real Estate (Regulation And Development) Act, 2016. However, you have booked the flat in the year 2014, but the project is still pending. The RERA came into force on 1st May 2017, and according to Section 3, all the ongoing projects come in its jurisdiction. Your builder did not get the completion certificate from the concerned authority. Therefore he cannot claim that his project is out of the RERA jurisdiction.
You may file a complaint before the RERA authority under section 18. This section empowers the buyer to claim a refund of the amount which he has paid to the builder and compensation for any other loss. This section also entitles the buyer to get simple interest upon the paid amount.
As far as the application of RERA provisions is concerned, it does not matter that you booked the flat in the year 2014 and paid the total amount in the year 2017. Section 3, 12, 14, 18, 19, 71(1) and 79 of the Real Estate (Regulation And Development) Act, 2016, have retrospective effect. If a project is incomplete or does not get the completion certificate, then the RERA will applicable thereon.
Hence, you can file a complaint before the RERA authority under section 18 for the refund and compensation. If you do not want the refund of total amount and project is likely to complete shortly, then you are entitled to get simple interest on the amount. The interest will accrue from the date mentioned in the agreement for completion and transfer of possession of flat. Generally, the court orders lending rate of interest of SBI + 2 % simple interest on the investment. You are entitled to get interest from the date mentioned in the contract for giving possession of the flat.
Maintenance order passed to pay rupees 6500 to my wife. The court gave that order; even my wife refused to live with me. She has been living separately. She voluntarily refused to live with me. If a wife refuses to live with her husband, then is she entitled for maintenance?
Under Section 125 of the code of criminal procedure, a wife has the right to receive maintenance from her husband if she is unable to support herself. This includes situations where the wife is incapacitated physically or mentally, or has no means of income and husband either neglects or refuses to maintain her.
However, if a wife chooses to leave her husband voluntarily and live separately, the question of maintenance becomes more complex. The court will take into account the reasons for the separation, such as domestic violence, cruelty, or desertion by the husband, before deciding on the maintenance amount.
If the court finds that the wife left her husband voluntarily without sufficient reason, it may reject her claim for maintenance. One of the marital responsibilities of the wife is to stay with her husband in the matrimonial home, and failure to do so without sufficient reason may lead to the court invoking Section 125(4) of the code of criminal procedure to reject the wife's application for maintenance.
It's important to note that the maintenance order is not meant to be a punishment for the husband, but rather a means of financial support for the wife to maintain herself. Additionally, the maintenance order can be reviewed and modified by the court if there is a change in circumstances.
It is also worth noting that the wife must have a valid reason for living separately from her husband to be eligible for maintenance. If the wife has no reasonable cause to live separately and refuses to live with her husband, she may not be entitled to alimony under Section 125 of the code of criminal procedure.
In short, a legally wedded wife has the right to claim maintenance under Section 125 of the code of criminal procedure if her husband refuses or neglects to maintain her, but must also have a valid reason for living separately from him.
If a wife refuses to live with her husband without any reasonable cause, yet claims maintenance, it should be noted that Sub-section 4 of Section 125 of the code of criminal procedure specifies that the wife may not be entitled to alimony if she refuses to live with her husband without sufficient reason.
No Wife shall be 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.
Section 125(4) CrPC
File a revision against the order of Section 125 CrPC
Your wife's petition for maintenance should have been rejected by the Magistrate, as Section 125(4) of the code of criminal procedure prohibits the grant of alimony to a wife who refuses to live with her husband without sufficient reason. The order for maintenance is therefore a violation of this statutory provision and you should file a revision immediately to have it set aside. You should also request interim relief from the revisional court to stay the monthly allowance order with immediate effect.
It is important for litigants to approach the court with clean hands, and a wife who is unwilling to fulfill her matrimonial obligations by living with her husband has no right to claim maintenance. This makes your wife a guilty party, and therefore ineligible for relief from the court. Section 125(4) reflects this principle, and when a wife is living separately, the court must verify if she has sufficient reason for doing so. If there is no satisfactory reason, the court cannot pass any order for alimony or monthly allowance.
If the Magistrate has passed the order, you can file for revision in the Court of Sessions, and if the family court has issued the order, you can file for revision in the High Court. Regardless of where the order was issued, Section 397 of the code of criminal procedure provides for revision. Since the order is erroneous, it is liable to be set aside.
Hi, My father purchased land in Madhugiri district five years back. The issue is the land record show inalienable for 15 years, but the same was in landlord records for many years, so he got permission and then registered. He told that new records would not have “inalienable”, but it is still there. Please guide how can remove it.
It is not clear how the land was recorded as inalienable in the revenue record. Either it was a government land or any patta land. There is a procedure for the conversion of land from inalienable to alienable land. If the tenure holder got right to transfer of the land then the land record shows it as alienable.
It would be best if you inquired from the revenue department about the land. Take at least twenty years of land revenue record from the department if the property was recorded as inalienable, then how the tenure got the permission and sold it. If permission was lawful and valid under the provision of The Karnataka Land Revenue Act, 1964 later the nature of land must be changed to the alienable land.
The revenue record (record of right) shows the nature of land as alienable when the tenure holder has the right to transfer it by way of sale, mortgage, lease etc. The government has the power to change the nature of the land upon fulfilment of certain conditions.
You have purchased the land, and tenure holder executed a registered sale deed in your name. It shows that he had the right to transfer the land according to the law. If he had such power, then the land record must indicate the nature of property as alienable. You have the right to apply for a change of character of the land or correct the revenue record based upon that sale deed. If the land is duly registered, then the revenue records must show it as alienable, and you have accrued a right apply thereof.
Hi, My father purchased land in Madhugiri district five years back. The issue is the land record show inalienable for 15 years, but the same was in landlord records for many years, so he got permission and then registered. He told that new records would not have “inalienable”, but it is still there. Please guide how can remove it.
The FIR is information about the commission of a cognisable offence. Section 154 CrPC provides the procedure for recording of First Information Report. The officer in charge of the polices station upon receiving the information bound by law to record it immediately.
Section 154 CrPC does not mandate that only victim of the crime shall record the FIR. Any person knowing the commission of offence can register the FIR. Hence, you did nothing which is unwarranted under the law. Moreover, you have performed a fundamental duty of the citizen to inform the police officer about the offence and set the criminal law in motion.
If information discloses the commission of a cognisable offence, it does not matter that who have given such information. In Parkash Singh Badal v. State of Punjab, (2007) 1 SCC 1 the Supreme Court held that the police officer can not embark upon an enquiry as to whether the information laid by the informant is reliable and genuine.
On the other hand, the officer in charge of a police station is statutorily obliged to register a case and then to proceed with the investigation if he has reason to suspect the commission of an offence. If the police officer refuses to register the FIR, he violates the statutory duty cast upon him.
You have filed an online FIR. It was the duty of the police officer to initiate the investigation. He should have proceeded to the place of the incident, but instead of it, he reached to the complainant’s and gave threats. The police officer has committed an offence of criminal intimidation. You may proceed against him and approach the Superintendent of Police. You should file a complaint against him and if possible approach the High Court under writ jurisdiction.
A police officer is the agent of state government. He represents the state. If he encroaches the fundamental right of a citizen, the state shall be liable therefor. Article 21 of the Constitution of India guarantees the personal liberty of every person. You can file a writ before the High Court under Article 226 for the compensation and taking stringent action against the delinquent police officer.
Sir, my boyfriend, established a physical relationship with me and deceitfully solemnised a marriage. After that, he used to commit sex with me and harassing me sexually, emotionally and physically. Recently, I came to know that he is planning to marry another girl. Currently, he is residing in his village. He is concealing the fact of our marriage and planning to cheat another girl. What should I do?
It is evident from the perusal of your case that he has no intention to marry you. He cheated you by a solemnising deceitful marriage ceremony. However, you did not mention what kind of celebration he performed for solemnising that marriage. I can understand that he did any defunct ceremony to show that he became your legally wedded husband.
He took your consent for sexual intercourse by the misconception of fact. Therefore, it is not free consent under section 90 of IPC. In this circumstance, you can file an FIR under section 417/375/376 Indian Penal Code (IPC) for the offence of cheating and rape. He committed the crime by deceitfully taking your consent for sexual intercourse.
As per the facts of your case, he has no intention to marry. His ultimate goal was to establish a physical relationship. Hence, he imitated the marriage ceremony. Sexual intercourse by making a false promise of marriage amounts to rape. In Deepak Gulati v. State of Haryana, (2013) 7 SCC 675; the Supreme Court held that any consent given under a misconception of fact, would not be considered as valid consent, so far as the provisions of Section 375 IPC are concerned, and thus, such a physical relationship would tantamount to committing rape.
You should immediately file an FIR against him. More importantly, at the time of registration of FIR, no need to adduce any evidence. Your mere statement that he took you consent by the false promise of marriage and established physical relation is sufficient. The investigating officer shall initiate the investigation in your case immediately after registering the FIR. If the police officer refuses to lodge your FIR, you may approach the court under section 156 (3) of CrPC for registration of FIR.
