Advocate Jayant Acharekar

Questions Answered by Advocate Jayant Acharekar (25+ answers)

Q: Fake promises of marriage now all of sudden wants to be alone so wants

I was dating a boy we lived in for 1 year and we were dating from 2 years. He always told me will get married have dates. All of sudden now he's saying he wants to be alone so want to leave. I am broken cuz of his statement what should I do

Advocate Jayant Acharekar answered
You were in a relationship for two years and even lived together for one year. It is natural to feel hurt and broken when someone who promised marriage suddenly changes his mind. Emotionally this is very painful, but legally you need to understand a few important points.1. If he only made verbal promises of marriage and later changed his decision, generally no legal action lies merely because he refused to marry. No person can be forced to marry against his will.2. However, if from the beginning he had no intention to marry you and only made false promises to maintain a physical relationship or obtain money/benefits from you, then depending on facts, legal remedies like cheating or other criminal provisions may be examined. This depends strictly on proof of fraudulent intention from the start.3. If you lived together in a live-in relationship, and you were financially dependent on him, in certain circumstances you may seek relief under the Protection of Women from Domestic Violence Act, 2005, including maintenance or compensation, provided the relationship qualifies as “relationship in the nature of marriage.”Right now, first take care of your emotional well-being. Do not take any impulsive legal step out of anger or heartbreak. If there was financial exploitation, abuse, or deceit, gather all messages, chats, photos, proof of cohabitation, and financial records.If you want proper guidance, consult a local advocate with complete facts to assess whether any legal remedy is realistically available in your case.Stay calm. Sometimes walking away from someone who is unsure is better than forcing a future with them.

Q: How to obtain permission from court to travel outside country

I have a pending case under my name since 10yrs nw. It happened even before I got married. I already had a passport back then. I traveled and stayed outside india on a dependent visa for 8 years now and didnt face any issue in visa or immigration. Recently renewed passport through court NOC. Now I am planning to go back on a new residency visa. Should I take permission from the court?

Advocate Jayant Acharekar answered
Since a criminal case is still pending in your name, it is safer to take permission from the trial court before going abroad on a residence visa.If there is no travel restriction in your bail order and no Look Out Circular, you may technically travel. However, to avoid any future problems like cancellation of bail or issuance of warrant, it is advisable to file an application before the court seeking permission to travel and informing the court about your stay abroad.Taking court permission will protect you legally and prevent complications later.

Q: Fir Complaint Without Purchase Bill

Can police refused to take complaint of mobile stolen or lost having no purchased bill. The mobile has lost but we have no purchase bill can police refused on this bill

Advocate Jayant Acharekar answered
No, the police cannot refuse to take your complaint merely because you do not have the purchase bill of the mobile phone.If your mobile phone is stolen, it amounts to a cognizable offence (theft) under the Bharatiya Nyaya Sanhita (earlier IPC). As per Section 154 of the Criminal Procedure Code, the police are duty-bound to register an FIR upon receiving information about a cognizable offence. Production of the purchase bill is not a mandatory legal requirement for registration of an FIR.In case the phone is lost (not stolen), the police generally register a “Lost Property” or “NC (Non-Cognizable) Complaint.” Even for this, absence of the purchase bill is not a valid ground to refuse accepting the complaint. You can provide alternative details such as:• IMEI number (available on the box, old invoice copy, or from your service provider)• Mobile number used in the handset• Model, colour, and approximate purchase date• Any ID proofIf the concerned police station refuses to register your complaint, you may:1. Submit a written complaint to the Senior Police Inspector of the station.2. Approach the Superintendent of Police / DCP under Section 154(3) CrPC.3. Send the complaint by Registered Post.4. File an online complaint through the State Police website (many states provide this facility).Therefore, lack of a purchase bill alone is not a lawful reason to refuse registration of your complaint.

Q: Husband is not fulfilling his responsibility

My husband doesn't give me any money all his money is went on loan payment which he has taken on my name that also he doesn't pay on time. He is not letting me go on job whenever I find any job he always comes in between and tell my parents I'll find her job myself don't let her go there. He is a alcoholic, doesn't tamasha all the time in the house and the reason is he has tension.

Advocate Jayant Acharekar answered
Madam,From the facts stated by you, your husband’s conduct amounts to mental cruelty and economic abuse. You have the following legal remedies under Indian law:1. Maintenance (Financial Support):You can file an application under Section 125 CrPC or under Section 20 of the Protection of Women from Domestic Violence Act, 2005 (PWDV Act) seeking monthly maintenance. A husband is legally bound to maintain his wife if she is unable to maintain herself.2. Domestic Violence Case:Stopping you from working, taking loans in your name without responsibility, creating constant harassment, and alcohol-related misconduct fall under “economic abuse” and “mental cruelty” under the PWDV Act. You can seek:Protection OrderResidence OrderMonetary ReliefCompensation for mental harassment3. Loan Taken in Your Name:If any loan was taken fraudulently or without your free consent, you may:Lodge a police complaint for cheating/misuse of documents (if applicable).Inform the concerned bank/NBFC in writing that you are not liable if signatures were misused or obtained under coercion.4. Right to Work:Your husband cannot legally restrain you from doing a job. You are an independent legal person with full constitutional right to work and earn.5. Divorce (If You Wish):Continuous harassment, alcoholism, financial irresponsibility, and cruelty are valid grounds for divorce under the Hindu Marriage Act (if applicable to you).I would advise you to first gather all documents relating to loans, income details, and any evidence of harassment (messages, recordings, witnesses). If the situation is unsafe, you may also approach the nearest Women’s Cell or Protection Officer.You are legally protected. Do not tolerate financial and mental abuse silently.

Q: What is the maximum time for filing Discharge App in MM Court

An FIR was filed against me in June 2024 and Chargesheet was filed in October 2024 is it possible to file a Discharge application now in MM court. What is the maximum time limit.

Advocate Jayant Acharekar answered
yes you can file a discharge application before MM court as chargesheet is filed but make sure no charge is framed against you till yet.The time limit to file a discharge application is before charges are framed against you once the charge is framed against you there will be a trial stage and discharge application is no longer possible to be filed