Advocate Devashish Maharishi

Questions Answered by Advocate Devashish Maharishi

Q: Legal remedies available if parents are not letting two adults marry

i am a girl 19yr old i love a boy he also love me too much we want to get marry but boy family is not ready to get us marry and they inforce to his son to marry where they want but he wants to marry with me since 2 yr we are trying to convince them but they are not ready to listion us even boy father threaten him that if you do love marriege so he will harm my family into false case from where we cant getrid and also kill me . sir plz suggest how can we solve it because i love him and we both can not live without each other.

Advocate Devashish Maharishi answered
If you both are legally major then no one can stop you from doing marriage, no one has any right to stop from doing marriage, that is against the law, there are several recent judgments of qpex courts in your favour

Q: What to do when wife is not ready to take care of my parents

We are married for 5 years and two months. Both are working in same organisation on same posts. Wife does not allow me to take care of my parents. Does not even allow them to visit us though I only bear the expenditure of house holds. She is very irritating and quarrelsome. Often leaves house without information and stays away for a few days. Very extravagant. We have no issue. She says that she does not want to bear any of mine. Of late she is also complaining about my cast. I am Hindu SC. She is Hindu General. Ours was a love marriage. I have tried my best but failed to reason with her. what is remedy available for me.

Advocate Devashish Maharishi answered
You can file a case for Divorce upon the ground of cruelty as per the facts mentioned by you. Also if you are living in the property of your parents which is in their name than they can file a civil suit for permanent injunction against her

Q: What to do if my husband and in laws are not supporting me

i got married 3 years back, my husband has left his job , hes not even interested to work any more. every time he makes excuses that he will do business .hes not even doing anything to work on it. me and my husband both has problem due to which m unabe to concieve, but he is not getting proper treatement but m under the supervision of a doctor. there is too much pressure on me from his family and him to have kid that too a boy. he's under so much influence of his father that he doesnt listen anything to me and do as his father says .They use abusive langugae He has no social manners, can start figting anywhere with anyone , have no regards for elders.I feel so embaressed and ashamed of his behaviour. my all gold, my id proofs, passbook are under his posession. 3 months back i got concived after so much efforts, no body took care of me and fighted with me due to which i was under too much stress and miscarraged happened. now m back to my parents. they dint take any steps to take me

Advocate Devashish Maharishi answered
Hello mam,You can file a case for maintenance under 125 crpc, case under domestic violence act and also you will have to file a detailed complaint before CAW Cell in police station where you are residing presently

Q: What to do if my sisters in laws are torturing her

My sister is getting tortured mentally and once physically too by her husband and her mother in law. Since her marriage 2 years ago, mother in law keeps asking for so many expensive gifts and money on different occasion. Also, they ask her to get up @4am daily and do all household chores without any maid etc. They don't keep maid for a huge house. They keep quarrel with my sister and her husband does not support her. He just listen to his mother. My dad has cancer and my mom did suicide few months back due to this pressure of cancer and torture of inlaws to my sister. They sent my sister to our home forcibly and kept her phone too. We are hindu.

Advocate Devashish Maharishi answered
Sir your sister can file a case for maintenance under 125 crpc, a complaint in CAW cell and a case under domestic violence act, she don't have yo worry about anything, proceedings will take some time but she will get the justice

Q: What to do if my wife harasses and threatens me

I married on 21/05/2017 at Bihar. I am from Patna and my wife is from Gaya, Bihar. I am staying and working in Delhi before and after marriage. After marriage she lived only with me six months apart family. In meanwhile, she do ill-will complain to her family and not leaved peacefully. Now she refuse to come back and threat for false dowry and domestic violence case etc. I have full proof of all call recording since marriage. So, I send her legal notice that don’t do so and come to talk what actually you want and make DD entry in local Police Station. I have also take help of Delhi dispute center from where send legal notice but didn’t come in all notices. Actually, her main concern is that she will not leave me and want recovery of marriage expense and maintenance. So, tell am I safe from her false allegation which she will do in future and what r charges name pls. Have I to give her marriage expense and maintenance. If, not safe then what should I do to save me and family.

Advocate Devashish Maharishi answered
She can file a complaint in CAW cell, after that you will receive notice from there and she can also file a case of domestic violence under DV act. She can also file a case for maintenance under 125 crpc and you will have to pay as per your income