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 himmany times.He created fake id on Fb with girl name that he reach to husband fb.I blocked him. he sent 4 to 5 mail with fakeemail address on my husband's email address.That time also I warned him.I haven't revealed was scared of dissolvingmarriage. with fake Id on Fb he tried to get in touch with me.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.Through his reference he dropped me to interview location.Both went for movie in theatre.he cliked photos that's is also being sent.Now Husband is not atallready to support me.EvenHe'll not submit his phone for verification.I don't have any prove to show in-laws& theirview is I have xtramaritalaffair.How shuld 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: 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.

Q: Can We Remarriage Before 1st Divorce

As per hindu law can a person marry before getting divorce because case file already before 3 yrs if he want to marry can he do this.his wife is not attending the court also then how divorce will get early n both of them living separately from last 3 yrs

Advocate Akshay R Kapadia answered
technically he cannot marry before he gets a decree of divorce, however, in such circumstances he must press for ex parte divorce decree before the Family court on the ground that the wife is no more intrested to defend the case, moreover, she is even not attending to that effect.even i have come across that courts are now in favor to grant the decree when the age of the husband or wife not much older and there are chances that they can remarry. the Application should be adhered to the facts that the husband is having the age that he can re marry and improve his social life.