Advocate Feroz A Shaikh

Questions Answered by Advocate Feroz A Shaikh

Q: Want Divorce from wife, she has some psychological problem.

Sir, I want divorce from my wife as she is phycology patient. We are just married 1 yr before it was arranged, but I found within 3 months that she is phyco but inbetween she got pragnant and I was waiting for the delivery, she is also sex addict. I tried to bring her to the doctor but she refused she is a BAMS dr as well but not working.

Advocate Feroz A Shaikh answered
You need to secure medical documents for proving she has psychological ailment. If you are at certain risks, it must be practically assessed. Just mere allegation will not suffice. For answering you query, it is mandatory that you mention the faith followed by you, as different personal laws are applicable to people of different communities.

Q: want divorce as caught wife chatting with ex boy friend on whatsapp

Sir I got married in 2007 in rajasthan under muslim nikah but since then we cant tune and some how we managed to take our relation till last week and she went to her mom place with my 6 yrs old child now i dont want to bring her back so want to know what if i send her divorce papers and also i want to have acceas to my kid . She ditched me once still i was with her just thinking that why to spoil my son life. I caught her chatting with her ex boy frd on whatsapp and she begged to forgive her n give her one chance but i suspect she stil must be chatting with him plz help

Advocate Feroz A Shaikh answered
You may as per muslim rights and custom provide her divorce in front of two witnesses. It would be required for you to personally draft a divorce formally on stamp paper of Rs. 100/- which should be in duplicate. One copy need to be sent to her, and you need to retain one copy. however, you will have to mention the reason for divorce. also, pertaining to the custody of child you will require strong evidences favouring you should she approach family court.

Q: Bail Forfeited in Dog Bite Case

I have a case of dog bite registered against me in the Magistrate court of Mumbai, in 2010. I am now a resident of Pune and unable to attend court due to medical reasons and now the magistrate has forfeited by bail and a NBW has been issued against me. I had appointed a local lawyer but no good. I don't want to pay the bail again and make a appeal to the magistrate to excuse me on medical grounds (I have medical reports). Also, is it possible that I file a fresh suite in Pune to quash this complaint ?? Can you please advice.

Advocate Feroz A Shaikh answered
you can file an application for permanent exemption and get the NBW cancelled without going to the Magistrate court in Mumbai. In Arunkumar N. Chaturvedi vs. The State of Maharashtra and Anr, the ratio laid down by Bombay High Court specifically mentions, accused need not be present for cancellation of NBW. For permanent exemption, you are required to attach your medical certificates with application under s.205 and s.317 Cr.P.C.

Q: Need to patch up with husband but he is keeping conditions

I got married 1 n half year back, my husband n I had fight n I came to my mom's place 7 months back He never called me I went back after 1 month, his parents denied to take me back, my husband raise hand on me N my father in law said dat I was with someone else in dis period I was so angry with my father in law n report NC in police station In dis 7 months we decided to patch up But he is asking me to write and give dat it was all my mistake or else he will divorce me I m ready just be coz I don't divorce Can I make cross papers that I m doing this just to keep my marriage safe Plz sug

Advocate Feroz A Shaikh answered
you may register a simple non cognizable complaint in the police station making mention of the entire episode. However, this appears to be more of a situation wherein responsibility appears lacking from your side as well. Walking out of relationship on petty matters are major causes of divorce. However, please register N.C. I would advice not taking the matter legally further by filing restitution of conjugal rights, as it will further complicate the matter. If you seems to be interested in staying with your husband, it is better to get both sides elders involved in a meeting and arriving at consensus; which can be fruitful.

Q: False case charged by wife under IPC 506 507 525

My wife charged false case against me Bothe my daughters are with me. Older is 13 & younger is 4 years. she & her parents & brother never asked custody for them. I had some writeen proofs against misbehaviourness of her. My younger daughter is also ready to give statement of her layerness. Now Women's protection sale of Nashik give me notices to attend on 21 Sept 2015 under section 160 what is solution for it.

Advocate Feroz A Shaikh answered
160 Cr.P.C., is to make a person attend police station. You will be required to carry relevant documents and any other proofs that you have against your wife to show it to police on 21st Sep., 2015. The police is doing investigation before filing FIR. If police is convinced that prima facie no case against you exists then FIR will not be registered. Alternatively, you may secure anticipatory bail under s. 438 Cr.P.C.