Advocate Akshay R Kapadia

Questions Answered by Advocate Akshay R Kapadia

Q: File complaint against person who sent sexual abusive message online

Friend sent Sexual abusive message on instagram,messenger.All msgs screenshot sent by his wife on my husband's what's app no.I was in contact with him after married from my husband's whats app.This led to have divorce between us. I warned him many times do not message rubbish.He created a fake id on Facebook with that he reach to husband fb.I blocked him. he sent 4 to 5 mail with another email address on my husband's email address.That time also I warned him.I was scared to reveal about him in family.Also I was scared of dissolvingmarriage.He created a fake Id on Facebook with that he tried to get in touch with me.As I wasn't aware about it. I thought there might be girl. After that he sent a message with that fake id to me at that time I came to know.So I stopped responding on that Id. He tried to get in touch with his wife fb id also.Through his reference he dropped me to job interview location.Now is that I deleted my fb account .Then how should I proceed towards complaint.

Advocate Akshay R Kapadia answered
you can file a police complaint against him for blackmailing , molestation of Women and uner Information Technology act agaisnt that person.wherein you need to mentioned each and every facts with proofs if possible. police will definitely take the action . in case police fails to take any action, we can file the private complaint.

Q: Maintenance without divorce on ground of domestic violence and mental

Can I get maintenance without giving divorce toy husband as I am unemployed with two kids.

Advocate Akshay R Kapadia answered
yes you can get maintenance without initiating divorce petition agaisnt your husband. there are various provisions in law wherein you can claim the maintenance.such as sec 24 of the Hindu Marriage act, sec 125 of the Crpc.and under the relevant provisions of Domestic violence act. not only you but your children's are also entitled for the maintenance.

Q: Husband filed section 9 and he wants to convert it into divorce

Some in-laws cruel behavior I come back to father's home and my husband filed section 9 and now he wants to separate but I don't want separate I have one year old daughter, can he covert section 9 into divorce

Advocate Akshay R Kapadia answered
section 9 is for the Restitution of Conjugal Rights.when he can convert the section Application into divorce when he got a decree of restitution of Conjugal Rights and despite of the same you are not obeying it at that time it can be a ground for divorce. however, pending section 9 cannot be convert into divorce petition. you can take the advantage of the same and can give consent to his section 9 Application can co-habit with your husband. however, before giving consent you need to point out the reasons for saperation and set out some terms and conditions so , that court shoul believe that saperation on your part was justified.

Q: marriage of a muslim girl and a hindu boy

I just wanted to know if the marriage of a (foreign) Muslim girl and a Hindu boy is officially done or not. Will the court announce this marriage and be done officially and if so, then what are the documents required?

Advocate Akshay R Kapadia answered
in India if you marry intercaste or interreligion , there is a specific act which is Known as special Marriage act.under this act you can perform your Marriage. as you have mentioned that the Bride is foreign National so she has to take a temporary visa and after Marriage she will get the permanent visa.In India also there a Marriage can be performed by Arya Samaj and that is also admisible in the eyes of law.

Q: I Want to stay alone...How can i protect myself to stay alone..... I

I am 25 yrs old now but my parents are not supporting me...i did some mistakes but my dad hitted me alot...then family crashes..also i was not getting freedom... Now we living together just as responsibility...I want to stay alone...I want live however i want...Is it legally possible? And what should i do they take action on me or if Parents file any complaint

Advocate Akshay R Kapadia answered
as you have mentioned that you are of 25 years of age, therefore, legally no one is entitled to force you to stay with him save and except your wife and children if they have not attended majority. in your case you are a major and independent, therefore, lawfully you are entitled to live your life of your own choice.Now, i would like to deal with the point of appreciation that your parents can take action with regards to take any action against you? there is no provision in law that parents can take any action against its children who has attained the majority. however, if your parents are senuor citizens and are not able to work and meet its bread in such circumstances they can put a case for maintenance upon you.