Legal Question in Criminal Law in India

giudence require
Iwrote that i took away with me key of my husband's apartment's Of US and i am also co tenant of that apartment.My husband compelled me to come back to india and i took away with me one set of key.As he stopped financially supporting me so i filed for maintenence under sec 125 as he will not support me even in future without any court order and i went on dependent visa there.
I have plan to going back to US but my husband's advocate sent me one letter and asked me to remove me name from lease agreement and to return the keys and my husband want to change his apartment and management has said without my consent they will not accept my husband's request ta ccept his lease termination letter as he wants to change his apartment.Now my husband advocate is saying unless i give my consent i will remain liable to pay rent of US apartment as because of me my husband cannot change his apartment.He is saying my husband will inform management that he will change his apartment and that i will remain liable to pay rent for US apartment. He is asking me to give concent otherwise i will have to pay rent for the apartment.I am not giving concent because i wants to return.Will i give my consent or his advocate is trying to scare me?

Asked on 4/27/09, 7:48 am

4 Answers from Attorneys

Sunil Goel S.G. SOLICITORS

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Re: giudence require

Please tell as to what is your role in the Lease Agreement of US flat. Are you signatory to that Agreement. If yes, under what capacity? Have you undertaken any responsibility or liability under said agreement? If the liability to pay rent under the said agreement is of your husband alone, then you can not be compelled to pay the rent nor can you be compelled to give your consent to the Apartment Management company. But, you must realise that owing to your taking away keys of the apartment, your husband is not being able to use the same and simultaneously he is fastened with the liability of paying rent for the said locked apartment because of your act of taking away keys. In such case, he may file a damages claim against you in the court. It can be seen from another angle. What is your right in the said Apartment. If you want to hold the said apartment, then naturally you would have a liability also to pay the charges for the same.

Answered on 4/28/09, 3:57 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: giudence require

You may withhold your consent.

Answered on 4/28/09, 12:57 pm

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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Re: giudence require

in case you want to save yourself from paying the rent, you will have to initiate the legal proceedings here under Domestic violence act and seek residence orders and the court here would pass an order in your favour and direct the husband to pay the rent and also to provide you with maintenance. though the case requires alot of persuasion, still the chances of your obtaining the orders are bright.

Answered on 4/27/09, 1:12 pm

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