Advocate Himanshu Nagarkar

Questions Answered by Advocate Himanshu Nagarkar (25+ answers)

Q: Fake lawyers on lawrato.com posing as advocates

Hi, are there fake lawyers advocates on this website? I need to know because I have one experience and I searched name on Google, there were so many complaints of fraud against that lawyer. How to deal with this?

Advocate Himanshu Nagarkar answered
Yes, this can happen. There are cases where people falsely present themselves as advocates, and there are also cases where genuine advocates have complaints against them. So I would not rely only on Google reviews or online complaints to decide whether someone is genuine or not.Since you have already had an experience with this person, the best thing would be to verify their Bar Council enrolment and also look at the actual work they have done in your matter. If you are sure about the false identity, you may complain to the Bar Council of India.

Q: Couple married in India Presently in Canada (Christians)

Could not agree Living separately within six months of going abroad. After 2 years of separation Husband canadian has sent a notice for divorce to be effective within a month of notice. Wife has his name joint in her bank account in India. Also her gold (received from parents in marriage)is in (joint) locker held by them whose keys are in husband's possession. Some imp documents of wife are in his house. Please advice

Advocate Himanshu Nagarkar answered
After two years of separation, do not ignore the divorce notice or sign any document without first consulting a family lawyer. Check the deadline carefully and send a formal response through the lawyer, especially if you do not agree to the divorce or its terms. Since your name is on the joint bank account, inform the bank in writing and also on the email about the dispute and ask for guidance on protecting the account. Do not withdraw or transfer any money without proper legal advice, as this could create complications later. The gold received from your parents may be treated as stridhan depending on the facts. Since it is kept in a joint locker and the keys are with your husband, request the bank in writing and emali to preserve the locker records and do not access it alone. Your lawyer can seek an order for the safe return or protection of the gold. Prepare a list of your important documents and belongings kept at your husband’s house. Ask for their immediate return in writing and keep copies of all messages and correspondence. If he refuses or threatens you, approach the local police or a women’s help centre and seek urgent legal protection.Inform the Counsulate if you are a foreign citizen married to a Canadian

Q: Validity of Divorce obtained in UAE

I and my wife got married in hindu temple in dubai on 25th Jan 2026 and registered our marriage in Indian Counslate in Dubai - as per Section 17 of the Foreign Marriage Act , 1969 ( 33 of 1969) on 12 th Feb 2026.I filed unilateral divorce in UAE but she contested the divorce and ask Dubai court to follow Hindu Marriage act 1955.If im successful to get divorce decree in UAE will this be valid in India? She attended all court hearings in dubai snd also court gave her time to submit the hinduact

Advocate Himanshu Nagarkar answered
your marriage was registered under the Foreign Marriage Act, 1969 it is recognised in India. However, a divorce decree obtained from a UAE court is not automatically valid in India. Indian courts generally do not recognise foreign divorce decrees unless they meet the conditions laid down under Section 13 of the Code of Civil Procedure. This includes various things. Because your wife has contested the divorce and requested the Dubai court to apply the Hindu Marriage Act, 1955, the matter has become more complex. Even if you receive a divorce decree in the UAE, your wife can challenge its validity in India.It would be safer to consult a family lawyer in India who handles NRI divorce cases. They can guide you on whether the UAE decree is likely to be recognised or if additional steps are needed in India.Also read about Law of Comity

Q: Dispute over money things, abused by husband

Me nd my husband living separately since 8 months.I wanted to live with him but he chnageo his address and my own things are with him. But he refused to tell his address and threaten and abused my family. He is not taking the responsibility What should I do now?

Advocate Himanshu Nagarkar answered
I am sorry you are facing this difficult situation. If your husband is threatening or harassing you or your family, your safety should come first. Submit a written complaint to the nearest police station, Women’s Cell, or Mahila Thana so there is an official record of the threats.You may also seek help under the Protection of Women from Domestic Violence Act, 2005. Through the court, you can request the return of your stridhan and personal belongings, protection from threats or harassment, residence rights, and financial assistance. If your husband has stopped supporting you financially, you may apply for maintenance under Section 125 CrPC (144 of the BNSS). Depending on your religion and circumstances, other family-law provisions may also apply. If you genuinely wish to resume the marriage, you may consider filing a petition for restitution of conjugal rights. However, this should be done only after discussing your situation with a family-law advocate. Keep all evidence, including messages, call recordings, emails, proof of threats, and a detailed list of your belongings. You may consult a family-law advocate or approach the District Legal Services Authority (DLSA) for free legal assistance.

Q: Can i give my private car on rent to some people ?

If I want to rent my personal car to some people, can i rent my private car ?,what are the legal procedures for doing the same? I want to rent out my car to some people in my city. They wanted to get extra car for going to other city on vacation. That means I won't be driving the vehicle and they would just be renting out my car. I want to understand how can I do it legally and what are the things to keep in mind. Thanks.

Advocate Himanshu Nagarkar answered
Dear You may rent a car as far as you are not earning any income out of it! Legally you cannot rent out a personal car which is not registered as a commercial vehicle. leasing a personal car in india is banned under motors vehicle act. Conclusion: You may rent out a car provided you change the car from personal car to the commercial car. There is another way out, but i cannot share it here. Regards