Advocate Deepak Avhad

Questions Answered by Advocate Deepak Avhad (25+ answers)

Q: File divorce by muslim husband

I am a muslim man can I directly approach court for divorce my wife without giving her talaq as per shariah? And under which section?

Advocate Deepak Avhad answered
Hello, unfortunately, I have to answer your query in negative, i.e. if the marriage has not been performed under the Special Marriage Act, 1954.You can only approach the Family Court, if the marriage was performed and registered under aforesaid act, or if you want to seek judicial declaration of divorce, which has been performed under Sec.2 of Shariat Application Act, 1937, i.e. by giving Talaq-e- Hasan, Talaq-e- Ahsan.

Q: I Am Looking A Advocate Who Talk To My Wife And Her Family Related T

I Am Looking A Advicate Who Talk To My Wife And Her Family Related To the issue the issue till time she is stay with me but sjebis nit adjust

Advocate Deepak Avhad answered
Hello. It seems you are dealing with a matrimonial issue, and want to resolve things amicably with your wife, without getting into any kind of litigation. For the same, I would suggest you to take an appointment, so that things can be discussed in person, at length, and a right solution be found, to resolve the issue in an amicable manner.

Q: False 498a case filed by my wife

"My wife verbally abused my parents at our wedding ceremony. In response, my parents requested a formal apology from her and asked her parents to accompany her to our home for a discussion regarding her unacceptable behavior. They also sought assurance that she would not repeat such behavior in the future. However, instead of apologizing or addressing the issue, my wife has filed a false case against me and my parents under Section 498A. What to do?

Advocate Deepak Avhad answered
Sir, you can either get the matter quashed through the High Court by moving the Hon’ble High Court u/s. 482 of The Cr.P.C./528 Bnss 2023, i.e. if your matter falls within the ambit of the conditions/grounds/ guidelines set out by Hon’ble Apex Court in State of Haryana and Ors. vs Bhajan Lal and Ors.,OrYou can move an application for discharge u/s. 239 of The Cr.P.C. 1973. Before the concerned magistrate i.e. after the chargesheet is filed u/s. 173 of the said Act. Hope my answer resolves your query.

Q: FIR 498A Filed Disposed without trail

I filed an FIR in 2020 in Miraroad police station DV 498A. Proceedings at Thane court, the last hearing date update was awaiting summons and 1 April 2025 it has changed to case disposed. What can I do about it???

Advocate Deepak Avhad answered
Sir, you should firstly check the order, through which the matter came to be disposed of, so as to know the exact reason for disposal of the case and then take necessary steps, including filing a revision application before the sessions court/high court u/s. 397 of The Cr.P.C. 1973.