Your Q, His A

Divorcing your wife is clearly a personal decision that you have to take. You could seek a divorce on the ground of adultery. This, however, will have to be proved by you to the satisfaction of the court. In case you wish to get back with your wife, you could file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 (“Marriage Act”) thereby seeking a decree from the Courts as regards your conjugal rights and right to be with your wife. If you succeed in obtaining this decree and if despite that, your spouse refuses to return then after passage of one year, the courts can consider this ground for granting divorce if you file for one.

You could also consider filing a complaint with the police for the offence of adultery against the person cohabiting with your wife. Adultery is an offence punishable under the Indian Penal Code under Section 497. This offence is limited only to the adultery committed by married woman with a male offender. This offence of adultery carries a punishment of a term of imprisonment, which may extend up to five years. In such cases only the aggrieved husband can register a complaint with the police. In such case the wife shall not be punishable as an abettor. As regards, maintenance, according to the provisions of Section 18 of the Hindu Adoption and Maintenance Act, 1956 (“Maintenance Act”) a Hindu wife is entitled to be maintained by her husband during her lifetime. However, if the wife is unchaste she shall not be entitled to a separate residence and maintenance from her husband. Nevertheless, it is the court’s discretion to determine whether any and if so what, maintenance shall be awarded to the claimant. Even under the provisions of the Marriage Act, the court is authorized to grant maintenance to the wife if she makes a petition to that effect. However, the court may refuse such a grant if it is satisfied that the wife is unchaste. Also, according to the Maintenance Act, it is obligatory to maintain minor children if they are unable to maintain themselves. Conduct of parties is taken into account only to decide the quantum of the alimony not to decide the entitlement to alimony.

I had purchased a shop in Pune after paying the agreed price to the builder as per a duly registered agreement. I had taken possession of the shop and then started my business in it. All other shop-owners/flat-owners were also given possession. Subsequently, a dispute arose regarding quality of construction-work, etc. between the builder and some flat-owners/shop-owners. The builder was to form a co-operative society of flat-owners and shop-owners as per the terms of the agreement, but has now disappeared without forming the same. Due to the non-formation of the co-operative society he could not execute a sale-deed/tripartite agreement between landowner, builder and co-operative society. In the circumstances, I feel my ownership of the shop is legally defective and wish to sell my shop. Is there a problem? What possible solution is available?
— Rajas Gokhale

On the basis of the registered agreement you have the option of filing a civil suit for specific performance to complete your title and also for directions to the builder to form a co-operative society.

Alternatively, you may consider selling the property to another purchaser vide a power of attorney sale. By this the intending purchaser, can exercise your rights by virtue of the power of attorney in his favour.

You may also consider filing a criminal complaint against the builder for failure to comply with the provisions of the Maharashtra Ownership Flats Act, 1963 (“Act”), which requires that the promoter form a co-operative society and take all necessary steps to complete his right, title and interest in the building and execute all relevant documents in pursuance of the agreement and execute a conveyance within the prescribed time. If convicted, he maybe punished with imprisonment for a term, which may extend to three years or with fine or with both.