Advocate Antara Jayant

Questions Answered by Advocate Antara Jayant

Q: What to do if my parents are blackmailing me and torturing me

I have been looking after my parents since last 5 years. I am paying all expenses of house including society maintenance, i also pay them 4000 per month since 5 years, but my parents keep asking for more money . And If not given they blackmail saying they can give this house on rent & get more money. Please advice what is the solution to this or any law which I can take help. all expenses of house including society maintenance, i also pay them 4000 per month for their personal expense since 5 years, but my parents keep asking for more money . And If not given they say they can give this house on rent & get more money. Now they are asking for 6000 pm. I have a son I also have to save some money for his school fees and higher studies. Please advice what is the solution to this or any law which can help me.

Advocate Antara Jayant answered
You can initiate Domestic Violence Proceedings. You can file DV Proceedings against those family members who are blackmailing you for money and have threatened to rent the house where you are living with your son.

Q: Want to withdraw my Domestic violence case what to do

I have filled a dv case against my husband 7 months a ago and now just want to withdraw my case. but my advocate are saying its a big risk, opposite party can also do case against me, but my husband stays in Dubai, he attended 3 herring and then went back but advocate are doing nothing, so I just want a divorce and don't want to continue this case. I'm Muslim, so my advocates are saying i can't go to family court I have to go to some masjid where they do divorce. please advise thanks and regards,

Advocate Antara Jayant answered
Your advocates are guiding you well. It is advisable to keep the Domestic Violence Proceedings on record. These proceedings will strengthen your stance in a Divorce Case. The opponents will definitely get an advantage if you withdraw the DV Proceedings. Seeking divorce or relief in Domestic Violence Proceedings is different from shopping in a mall. Your wish to "just get a divorce" and Court's Decree of Divorce are two completely different things. Secure yourself legally. Safeguard your rights by pursuing the DV Proceedings. All the best.

Q: Can divorce case be filed from the hometown of wife

My sister married for 15yrs.in this 15yrs her husband always use abusive words. For food, cloths everything he is pointing to bring from fathers house. They have 12yrs daughter.. Now she want to get divorce as he is not leaving any chance to abuse her by worst slangs and words. She is staying in nagpur now. So if we will take her back to our hometown. Is that fine to raise complaint in my hometown police station and then proceeding with divorce case?

Advocate Antara Jayant answered
ToQuery no.103891I am sorry to hear about your sister. It seems your sister and sister's 12 year old daughter are subjected to extreme form of violence.You must ensure the following at the earliest,1. Keep your sister and her minor daughter at a safe place.2. Register a police complaint at the nearest police station. You can register it at the hometown of your sister.3. Seek help of a good lawyer and file Domestic Violence Proceedings at an appropriate Court.All the best.

Q: How to get divorce when one party not ready

My girlfriend got married to other guy 2 years back because of her parents but he married her because of her family property.after marriage he started asking her parents about property, if they say no he use to beat her , he only needs money, now her parents know all about it and they applied for divorce and he is not accepting the divorce and he is trying to marry secretly other girl , and I m ready to accept her because I love her still , but I m not like trying to separate both but he is not at all good he is beating her so I don't like him, and now on him they filed a case and he is trying to marry other so can I marry my girlfriend or what to do now.

Advocate Antara Jayant answered
Hello Query no.103834Stay out of the business of a married couple. A man is liable for prosecution under the laws related to adultery. In simple language it means that you will face criminal charges for having an affair with a married woman. Wait for the married couple to sort things out amicably and legally. The victimized woman has concrete rights under the law. The husband who is cheating and beating his wife needs to be booked at the earliest as per the law. The victimized woman must approach the nearest police station at the earliest. "Ensure safety of your victimized friend before planning to marry her."