Advocate Sonali Shah

Questions Answered by Advocate Sonali Shah

Q: DOCUMENTS ACCEPTED FOR CLEARING SUPERDARI

I need to now that documents are accepted in court for releasing Superdari on my car. There was minor hit where in the child was injuired and now discharged and fine. Now my car is under superdari and need to be cleared. No body is giving copy of their RC and adhaar

Advocate Sonali Shah answered
The release of vehicle on superdari is based on terms and conditions levied by the court .Sometimes the courts permit release of vehicle on personal surety as well..kindly reach out to us with the documents to be able to help you better

Q: Domestic violence extra material affairs

Mere husband ka affair chal rha h mere sasural wale b unka sath d rhe wo ladki ko apne sath kae bar ghar lae h or ghanto kamre m rhte h mene mna kia to mujhe marte h mentally torcher krte h ladki ko roka to wo marne k dhamki deti h nMujhe a jannna h kya m dono pr case kr sakti hu kya m ladki pr meri sadi kharab krne or mujhe mentally torcher krne or mere man samman ko nuksan pahuchane k khilaf case kr sakti hu kya mere husband mere bare m sb jagah galat bol rhe or mujhe badnam kr rhe nMujhe en dono pr kon sa case krna chahia

Advocate Sonali Shah answered
As far as your problem related to extra marital affair of your husband is concerned, in 2018 Supreme Court had struck down Section 497 of IPC which dealt with the crime of Adultery. Therefore your husband can’t be punished for such act alone. However, you can file a complaint related to mental as well as physical torture against your husband and in laws under Domestic Violence Act 2005 or under section 498A of IPC which deals with cruelty and provide for a punishment for upto 3 years. You can also take this ground to file a divorce petition as well if mutual settlement between you and your husband doesn’t work.

Q: Stalking harassment, cyber crime

In my mobile some calls are fake and not made by me . It happened before also my wtsapp status been changed . Stalked openly vulgar text messages on my phone number by stranger.

Advocate Sonali Shah answered
Firstly, you can try to reach women helpline numbers like 181 and 1091. The detail will be forwarded by the helpline center to the police who will take further actions of tracing and filing a complaint against harasser. Secondly, you can directly inform to the police and lodge a complaint in the general diary. Thirdly, if the above remedies don’t work then you may file an FIR. Section 354D of IPC deals with the offence of stalking and provide for a punishment of upto 3 years along with fine.

Q: Inlaws hide the correct information about parental relation.

My inlaws told me that my wife is their original daugther of them but after marriage I come to know that she is adopted one (I came to know with her habbits and face is matching to different person in the same family and many other symptoms), but even after asking multiple times she and her family is denying to accept this, now as I am feeling cheated and mentally harashed because of this I want to give her the divorse, how do i deal with this situation when they are clearly hiding the truth as i am feeling they are creating some conspiracy against me and I afraid if we got any child than they can blackmail me in any form. Please suggest.

Advocate Sonali Shah answered
Concealment of fact in this case would fall under the category of fraud and it would lead to annulment of marriage under section 12 of Hindu Marriage Act, 1955. However there are certain conditions which are to be complied with before filing petition under this section, like petition is to be presented within one year from discovery of fraud and the petitioner has ceased to live together as husband and wife after discovery of this fact. The result of a marriage annulment is a decree that the marriage never existed. It nullifies the marriage, returning the parties to their prior single status.

Q: Wife complained to police with harassment charges

My wife of 13 years has given a complaint to police that she is mentally harassed in marriage. Truth is we don't have a normal husband-wife relationship for last few years because she has a narcissistic personality disorder. She is claiming that I and my family have harassed her from day one but she told police in her complaint that she does not want to separate. There are no charges of dowry or physical abuse of any kind, which is the truth as well. Police have been calling us for counseling where she tells all sorts of lies, in the last meeting she agreed to consider divorce with mutual consent but now she is again saying that I don't want to separate. If I do not agree to her demand in front of police, what can happen to me? I want to go for divorce.

Advocate Sonali Shah answered
The Petition for Divorce by Mutual Consent can be filed only when both husband and wife mutually agree for the divorce and otherwise not. Further it is your right to agree or not with her demand in front of Police and Police cannot force you to do so. Police can try to sort this issue amicably but ultimately it will be your call. If settlement doesn’t work out, you can file a contested divorce petition before Family Court instead of Divorce by mutual consent. If you have any apprehensions that she might get a false FIR registered against u or your family you can seek anticipatory bail from court