Your Q, His A

The behaviour described in your letter, such as threatening to commit suicide, abusing you and your parents and neglecting domestic obligations may amount to mental cruelty on part of your wife. Hence, you may consider filing a petition for divorce from your wife on the ground of mental cruelty in terms of the Hindu Marriage Act. However, you would be required to give sufficient and credible evidence to prove cruelty.

• My sister was married to one Samir in September 2003. Till date, the marriage has not been consummated as her husband left for USA immediately after the marriage. Her husband’s behaviour towards her over the phone calls has not been pleasant. He is not even willing to come down to India to meet the Consulate for my sister’s H4 visa. He has neglected my sister and does not appear interested in the marriage. Can my sister remarry someone else without Samir’s consent?
Devanand Marathe

The mere lack of consummation of a marriage does not invalidate it in law. Therefore, your sister would not be able to remarry unless her present marriage to Samir is annulled or she obtains a divorce from him.

Under the Hindu Marriage Act, the grounds for annulment of marriage are very limited. However, your sister may be able to file a suit for divorce on the grounds of desertion if the desertion continues beyond a period of two years. Another possible remedy is to file for a divorce by mutual consent, if Samir is agreeable to the same. However, a petition for dissolution of marriage by a decree of divorce can be presented only after one year has lapsed since the date of marriage.

Another remedy that may be available to your sister is to file a petition for restitution of conjugal rights. In order to obtain a decree for the restitution of conjugal rights, it would be necessary to show that Samir has withdrawn from the society of your sister without reasonable excuse.

• I belong to a Cooperative Housing Society (CHS) at Pune, which is registered and in existence since 1995. There are 102 flats out of which 11 belong to an individual who claims to be a promoter builder. He doesn’t pay the monthly maintenance charges and rents out the flats. There are just a few legitimate owners living in the Society. The Managing Committee is non-functional because of which the maintenance of the society is in poor shape. The AGM has not been convened for the past three years. Conveyance Deed of the Society has not been done as yet, so the Corporation is charging higher tax as occupants from the members. While major repairs, like leaking roofs, have not been carried out, the Chairman has undertaken non-priority works like painting boards, replanting lawns. Members’ letters are not replied to. What are the remedial, legal measures for genuine residing members out of this poor state of affairs of this CHS?
Ashok Lawale

It appears from your query that the CHS has been practically defunct. Incidents such as the non-convening of AGM for past three years, lack of maintenance of the houses, non-performance of primary duties of the society show that the CHS Management Committee has not been functioning properly. In order to re-activate the society, you would have to make efforts to revive CHS Management Committee. You could make an application to the Registrar of Societies, asking for an order reconstituting the Committee under Section 78 of the Maharashtra Cooperative Societies Act, 1960.

Further, the members of the Management Committee are jointly and severally liable for any acts or omissions which are detrimental to the interests of the Society. If you intend to proceed against the members of the Committee, you can do so by filing a petition in the Cooperative Court and seeking the appropriate remedy.

In addition to actions against the Committee members, you would also have the remedy of initiating proceedings to remove members who have not been staying in the Society or have not been making payments due to the Society. A resolution for removal of such members would have to be passed by three-fourths of members present and voting in a General Meeting. In order to convene a General Meeting you could make a requisition in writing, signed by one fifth of the members of the society, to the Chairman. If the Chairman fails to convene the meeting, you could then make an application to the Registrar to convene the meeting. Therefore, you could proceed against the Management Committee members as well as against the defaulting members of CHS.

Rajiv K. Luthra is the founder and senior partner of Luthra and Luthra Law Offices. This column provides general observations on applicable laws. Due to paucity of space, it does not and cannot substitute legal advice specific to an issue. Readers are requested to consult their lawyer for specific legal problems. The author and publisher shall not be responsible in case any damage or loss is caused to any person as a result of any action taken on the basis of the opinion expressed here. Readers can send their questions to luthra@luthra.com