Advocate Awantika Rao

Questions Answered by Advocate Awantika Rao

Q: Subject: Request for Confidential Legal Consultation – Marital Issues, Emotional Distress, Divorce,

Hello, I would like to seek a confidential legal opinion regarding my marriage and my legal rights.My husband and I have been married for approximately 3 years, and we have an 8-month-old daughter.Over the course of our marriage, there have been persistent issues concerning his lack of emotional support, communication and involvement as a husband.He consistently takes his mother’s side, even in minor disagreements, and I often feel that my perspective and feelings are neither acknowledged nor supported. Whenever conflicts arise, he tends to withdraw completely, remain silent and avoid addressing the issue. This repeatedly leaves me feeling blamed, unheard and emotionally isolated.Since my pregnancy, I have experienced considerable emotional distress in this marriage. There have been countless days when his behaviour and the circumstances between us have left me in tears. This continued during my pregnancy and even after childbirth. Instead of feeling emotionally supported

Advocate Awantika Rao answered
As per ur question, your legal rights includes maintenance , accommodate at your in laws / husband’s residence, custody of child and your belongings including gold /silver jewellery. And the remedy for above mentioned issue can be mediation by third person/ professional mediating, judicial separation ( sec10 of Indian marriage act 1955) , and finally which i don’t suggest ie divorce.

Q: Husband too much dominating and controlling

Husband always tries to dominate and control wife. Talks always in abusive language in front of kids also. Doesn't fear in beating his wife.Tries to always fear wife.Threatens to beat her if she will not listen. This all habit starts when he demands something from wife and wife says no like asked for money from wife and she said no.Also mother in law shows full support to her son.

Advocate Awantika Rao answered
File a written complaint( FIR )describing above mentioned acts .File a criminal case addressing act of physical beating ( BNS section 115 ) Husband’s threat for not giving money / demands can be covered under section 351 of BNS . Protection of women from domestic violence act 2005 is specific for the situation you mentioned above . Consult us for complete drafting or other legal help .

Q: Husband too much dominating and controlling

Husband always tries to dominate and control wife. Talks always in abusive language in front of kids also. Doesn't fear in beating his wife.Tries to always fear wife.Threatens to beat her if she will not listen. This all habit starts when he demands something from wife and wife says no like asked for money from wife and she said no.Also mother in law shows full support to her son.

Advocate Awantika Rao answered
BNS sec 85 and 86 governs cruelty by husband and in laws . He can be imprisoned upto 3 yrs with / without fine . The above mentioned act is cognizable and non bailable . You can make FIR against him . Also u can seek immediate civil remedies under “ Protection of women from domestic violence Act 2005 “ . Consulting lawyer will make ur procedure seamless .

Q: Regarding the conversion of land from agricultural to NA commercial

We are constructing a temporary shed on agricultural land which measure around 2 guntes of the total 2.21 acres , so we’re constructing because to run an agri waste processing unit , so what steps I should take now before installing machinery.

Advocate Awantika Rao answered
U need to mention about place where ur agri land is present because rules vary from state to state . The first step u can take is to consult tehsildar if such proposed process activity is permitted to that land survey number Secondly, obtain permission for shed and process unit. Thirdly , u need to approach state pollution control board . Then other no objection certificate (noc) from ground water , electric safety , waste disposal etc . Consult advocate for all paper work and permit procedures which makes ur work legally perfect.

Q: Section 5 details and section 15

My wife filed sec9, sec15 in 2022 in family court. She claimed I going to marry sister-in-law Rajani in her petiton. I filed sec 13 1ia in 2022. Again she filed sec498A in highcourt in 2024. After contest I got divorce decree document in mar 2026. Now my parent plan to marry my sister-in-law Rajani in Feb 2027. Shall I get marry her now. What kind of legal issue may face again?

Advocate Awantika Rao answered
As per your case , you got decree of divorce in 2026 so there is no question of “restitution of conjugal rights “ (sec 9 ) but to remarry u will get few problems like ..until her right to appeal exist which is indeed sec 15 . Also marrying ur sister in law can be challenged by sec 5 which explains degree of prohibited relationship . But every problem has perfect solution and we advocates are meant for it .