Advocate Menaz Maqbul Shaikh

Questions Answered by Advocate Menaz Maqbul Shaikh

Q: What to do if being mentally and physically torcher by a man

I need a help I'm mentally and physical been tougher with a guy . What to do?

Advocate Menaz Maqbul Shaikh answered
You should file an FIR at your local Police Station for relevant sections. You should immediately take help of the local Police and an advocate. It is not possible to advice you without knowing the details of the case.

Q: Mentally disabled brother torturing his mother what can be done

My brother got paralysed since 5 years...my 50 yr old mother takes care of him..but since last 1 year he started torturing my mother he severely injured my mother many times...I work in another city that's why I can't help my mother..I just care my mother..sometimes he injures very badly..she is about 50 yr old and patient of high bp and super..I just want to know is i can send him to any hospital with a legal court order? If yes how? My mother and don't want any relation with him...

Advocate Menaz Maqbul Shaikh answered
First you need to consult a psychiatrist.. Only if his reports say that he is suffering some mental illness only then will he be considered mentally sick.. Once a doctor identifies the problem he himself will suggest that he needs to be admitted in a rehabilitation centre and accordingly you can send him to one.

Q: Got involved with someone else now husband not giving child custody

Married since 2011, unhappy with marriage, got involved with another person(under18) unintentionally and husband has evidence. Left his house 6months ago, he has my daughter. Have a daughter 3yrs old. Husband isn't agreeing for joint custody. Askin for money he spent on me. Won't let me meet my daughter. What do I do? Got married in church and later did registration. Both Roman Catholic.

Advocate Menaz Maqbul Shaikh answered
You should meet a lawyer and explain in detail as to what evidences your husband has against you.. there is no such provision in law that a wife needs to refund the money spent on her.. you can file an application for custody of your daughter and maintenance for the daughter who is staying with you.

Q: Procedure to file a divorce and maintenance case

I am working. My salary is more than my husband and have 2BHK flat in pune and car on my name. Flat and car are loan free. Every single penny for flat and car is paid by me. flat was purchased before marriage. My current salary is 1.8 lacs per month and my husbands is 1.6 lacs per month. he also owns a flat on his name and have loan of appx 15 lacs pending on that. I have a daughter 3 year old. our marriage is not registered. My husband don't want to take responsibility of my daughter's or my expense. And if I am taking care of my daughter individually after divorce then I want maintenance. at least 50000 Rs per month. Because if I am taking care of my daughter I can not continue with my job due to my health reasons.

Advocate Menaz Maqbul Shaikh answered
Good afternoon! Since you have flat in your name and you are even working you will not get maintenance for yourself no matter how much you try. But you daughter is yours as well as your husband's responsibility. Therefore he has to contribute towards her upbringing. Try to mutually settle on reasonable and fair ground between you both and not contest in the Court.

Q: How can i make my ex husband to follow old agreement

I got divorced in mutual took no alumni but son's custody forever and was ready to witbdraw 498 in agreement now i filed custody when my son is 8yrs old i had filed 498a against him which i didnt backed now it is in court. What can i do to withdraw case and alsolet him follow old agreement regarding child custody

Advocate Menaz Maqbul Shaikh answered
Hi. You need to file for quashing of your 498 in the High Court of your jurisdiction. In case of your son's custody you can file for amendment of consent terms filed during the mutual divorce along with your husband in family Court.