The Telegraph
Wednesday , August 1 , 2012
Since 1st March, 1999
CIMA Gallary


Q: My children and I used to reside with my husband in two combined flats, one flat each in my husband’s and my name. Both were bought against loans. When I found out that my husband was having an extra-marital affair I suffered physical and mental abuse. I returned to my parents’ place a year ago and filed a case under Sections 498A and 406 of the IPC. I now want a divorce. I have also filed a case for maintenance under the Protection of Women from Domestic Violence (PWDV) Act. I was told that I had the right to enter my marital home to get my PAN card, passport and educational certificate but the police are not co-operating with me. How can I get them back? Do I have any legal rights in the property that my husband has inherited and earned?

Name withheld

A: Since you have filed cases under Section 406 (breach of trust) and the PWDV Act, you can approach the concerned courts through the public prosecutor or your lawyer, seeking a direction upon the local police station to assist you in recovering all your articles from your husband — by way of a search warrant or a distress warrant. You should also apply to the court where your case under the PWDV Act is pending for residential orders redressing all your grievances. You can seek an interim order too. During the lifetime of your husband you can claim maintenance for your upkeep in keeping with his status, income and earnings derived from his properties.


Q: My father purchased a single-storey building eight years ago and had it mutated in his name. Two years ago he constructed two more floors but without any sanction plan for it. He died soon after. I have been paying tax on all three floors since. How can I get the two additional floors regularised?

Kalyan Sharma, Calcutta

A: According to the Calcutta Municipal Corporation Building Rules, 1990, anyone intending to erect a new building on any site that may or may not have been previously built upon has to apply for sanction to the municipal commissioner and the sanction may or may not be granted. The same holds good for anyone wanting to re-erect, make an addition to or alternation of any building. The CMC Act and Rules also provides a time frame for such an application. In your case, a considerable period has expired. Usually, the applicant has to notify the municipal commissioner within a month of the completion of construction. But you could get in touch with the corporation and seek its advice.