Advocate Jaya Prakash

Questions Answered by Advocate Jaya Prakash (25+ answers)

Q: Legal rights to protect from toxic husband

My husband is addicted to alcohol. He promises to stop drinking every time but doesn't stop. Whenever small problem arises or I am not around him, basically he finds reasons to drink and drinks continuously without thinking anything about money health relationship and work. I feel insulted in front of everyone with his abusive behaviour. When asked about his behaviour he curses me and my family. I am feeling mentally abused by him and constantly in fear that he binge drinks and behaves rudely.

Advocate Jaya Prakash answered
Prioritise your safety and mental well-being first. Document all incidents of drinking, abuse, and financial neglect. Keep your finances secure and inform trusted friends or family. Seek legal protection under the Protection of Women from Domestic Violence Act, 2005 for residence rights, protection orders, and maintenance. If abuse escalates, file an FIR under Section 498A IPC. Consult a local advocate privately to prepare a domestic violence petition or legal notice. Consider counselling for yourself, and if he agrees, for him too. Remember, repeated false promises rarely work without legal intervention—secure your rights while protecting your dignity and peace of mind..

Q: We want to end our relationship with out applying divorce.

Me and my partner done registration marriage without knowing to my parents,his parents know regarding marriage registration,i said to my parents that I loved some guy but they are not accepting my love,I dnt want to hurt them So we both decided to end our relationship with compromise Can we end our relationship with compromise without applying divorce or without going to court.

Advocate Jaya Prakash answered
I would advise that a marriage registered under law is a legal contract. If you and your partner mutually decide to end the relationship, the legal dissolution would generally require filing for divorce through the court. However, if both parties agree to end it without legal action, it won’t officially dissolve the marriage, and you may still be legally married. Not taking formal steps could lead to complications in the future, such as inheritance, property rights, or social recognition. For a clear and legally valid separation, it’s best to consult a lawyer and follow the formal divorce process.

Q: Me and my partner decide to end our relationship with compromise

Me and my partner decide to end our relationship with compromise before elders without applying for divorce or without going to court.

Advocate Jaya Prakash answered
Ending a relationship amicably without legal proceedings can be a healthy choice if both parties agree. Start with open, honest communication about your reasons and expectations. Involve trusted elders for guidance, ensuring they respect both perspectives. While you may not be going to court, consider documenting any agreements about assets or custody in writing to avoid future misunderstandings. Give each other space to heal and seek emotional support from friends, family, or a therapist. Above all, prioritize mutual respect and understanding as you navigate this transition. Take time, and be gentle with yourself and each other.

Q: I was being fraud and I reported it in cybercrime website but no actio

I was being fraud and I reported it in cybercrime website but no action is taken even I took it police personal but I didn't get any update from their side

Advocate Jaya Prakash answered
you have to Gather all evidence like emails, transaction records, screenshots, and any correspondence with authorities.: Visit the police station in person to ask for updates. Request an FIR number if you haven’t received one. if you reported it online, follow up with the Cyber Crime Cell. You can also escalate your complaint on the National Cyber Crime Reporting Portal If it’s an online fraud with a vendor, file a complaint with the National Consumer Helpline or Consumer Forum. If you’re not getting responses, escalate to higher authorities in the Cyber Crime Cell. if there's still no resolution, you can file a suit of a civil or criminal case

Q: Me and my husband is having family disputes and he was not staying wit

Iam muslim married woman 35 years after my husband demands divorce he wrote papers between people that he will give alimony of 10 lakhs and till then 10000 maintance monthly and we have joint apartment where he took cash from my hand and kept bank emi loan where he promised to transfer whole ownership but now he failed everything and stopped emi also now bank people want to handover so I wish to file case and I need advice according to muslim law

Advocate Jaya Prakash answered
You have the right to claim maintenance (₹10,000/month) and alimony (₹10 Lakhs) if your husband has stopped payments, under the Muslim Women (Protection of Rights on Divorce) Act. If he hasn’t transferred the apartment ownership as promised and defaulted on the bank loan, you can file a civil suit for the transfer of property and seek specific performance of the agreement. Additionally, you may negotiate with the bank to take over the loan payments.