Advocate Kiran Ashok Gangurde

Questions Answered by Advocate Kiran Ashok Gangurde

Q: About sexual related issue happened with me and my friend.

Me, one of my female friend and one of my friends, we were having threesome sex but my friend has recorded and saved our videos but he is not deleting them. And I want to delete them from him because he may abuse in future, so what can I do

Advocate Kiran Ashok Gangurde answered
Thank you for sharing your concern. The situation you described is sensitive and serious, as it involves privacy rights and potential misuse of explicit content. Below are steps you can take:1. Consent and Violation of Privacy: If the recording was made without the consent of all parties involved, this constitutes a breach of privacy and could be a criminal offense, depending on your jurisdiction. You have the right to demand that the content be deleted and not distributed.2. Send a Legal Notice: Engage a lawyer to send a formal legal notice to the person holding the video, demanding the immediate deletion of the recording. This will serve as a formal warning and show you are serious about protecting your rights.3. File a Police Complaint: If the individual refuses to delete the video or threatens to use it against you, you can file a police complaint under laws related to voyeurism, blackmail, or other relevant cybercrime statutes. In many countries, non-consensual recording and sharing of explicit material is a punishable offense.4. Contact Cybercrime Authorities: If there is any risk of the video being shared online, you can approach the cybercrime division of your local law enforcement to take immediate action.5. Avoid Direct Confrontation: It’s better to avoid direct confrontation with the individual, as this might escalate the situation. Let the legal process handle the matter.6. Seek Support: Involve trusted individuals or professionals for emotional and practical support as you navigate this process.

Q: Have filed for mutual consent but wife not taking back the case

MY wife had falsely put criminal allegations under section 498-A on me. We agreed for mutual settlement and also filed a mutual petition wherein I have paid half the amount and the petition said they will withdraw the case after we make half the payment, however now she is saying to pay in full and only then they will withdraw the case. What can be done in this case? Totally helpless.

Advocate Kiran Ashok Gangurde answered
1. Review the Settlement Agreement: If you and your wife have a written agreement specifying that the 498-A case would be withdrawn after half the payment was made, this can be a critical document. Your lawyer can review the terms to see if her current demands violate the settlement.2. File for Enforcement of the Agreement: If your wife is reneging on the agreement, your lawyer might suggest filing a petition in the court to enforce the terms of the mutual settlement. This can compel her to honor the initial terms and prevent any additional financial demands.3. Request Mediation from the Court: In some cases, the court may order mediation between both parties to resolve issues related to settlement disputes. Mediation could help you and your wife reach a compromise or clarify terms if there is any misunderstanding.4. Consider Contempt Proceedings: If there is a clear breach of the agreement, your lawyer could explore filing a contempt petition. This is a formal request to the court to take action against her for not complying with the agreed terms, depending on the laws in your jurisdiction.5. Maintain Evidence of Payments and Agreements: Keep all records of payments made, along with the original settlement agreement. This documentation will be valuable if you need to demonstrate to the court that you have fulfilled your obligations under the agreement.6. Seek Legal Advice on Section 498-A Withdrawal: Withdrawing a 498-A case can sometimes be a complex process. A lawyer can advise on specific steps to expedite withdrawal and manage any additional conditions or guarantees.

Q: Male 18 years marriage, two minor kids, threatened and abused by wife

Hi, How can I protect my assets and myself from domestic abuse and threatening from my wife who wants me to sell my father's house and invest that money to take house in mumbai..She is Narcissistic polar but she herself have not gone to doctor, Political connected and threatening me to ruin my reputation and abusing very badly Without court any way to settle

Advocate Kiran Ashok Gangurde answered
1. Document Evidence: Gather and securely store any evidence of abuse or threats, including text messages, emails, audio recordings, or witness statements. This documentation may support your claims if legal proceedings become necessary.2. Seek Legal Protection for Assets: A lawyer can advise you on legal strategies to protect your assets. This might involve restructuring ownership or taking steps to prevent your assets from being transferred or sold without your consent.3. Personal Safety and Protection Order: If you feel threatened, you might be eligible to file for a restraining order or similar protective order. This legal measure can offer some safety if the situation escalates. Your lawyer can advise on the specifics of obtaining one based on your jurisdiction.4. Consult a Mental Health Professional (Optional): If you believe your spouse has a mental health condition, consulting with a mental health professional could provide insights on handling the situation effectively. However, addressing her mental health is ultimately her responsibility, and this should only be considered if it contributes to a safer environment for both of you.5. Alternative Dispute Resolution: Depending on your jurisdiction, mediation or counseling services might be available as an alternative to court proceedings. These can sometimes provide a safer, non-confrontational platform to resolve family disputes.6. Document Threats to Reputation: If there are political or social pressures or threats to damage your reputation, it’s crucial to keep records of these threats. A lawyer could guide you on defamation laws if you believe your reputation is at risk.

Q: Hindu Muslim divorce In Love Marriage

How much does a divorce cost? Who will get the custody of the child after delivery?Will I be able to get a divorce for less money because I am a single girl and I am not financially stable. I do not have any guardian or family with me.What documents are required for divorce

Advocate Kiran Ashok Gangurde answered
Divorce Cost and Financial Considerations:The cost of a divorce can vary significantly depending on your location, the complexity of your case, and whether the divorce is contested or uncontested. Generally, an uncontested divorce, where both parties agree on all terms, is less costly. For clients with limited financial resources, legal aid services, pro bono options, or reduced-fee legal assistance may be available to help with the process. I’d recommend we look into options that could lower costs based on your specific financial situation.Child Custody After Delivery:When it comes to child custody, courts primarily focus on the best interests of the child. This includes factors like the child’s physical and emotional well-being, stability, and each parent’s ability to provide care. In your case, since you’ll be the custodial parent after delivery, it’s likely that you’ll be granted primary custody. However, the specifics will depend on your unique situation and any input from the other parent, if applicable.Eligibility for Low-Cost Divorce:Your financial status can indeed impact legal costs, as some courts allow for fee waivers or reduced fees for individuals who can demonstrate financial hardship. Additionally, being a single individual without family support might allow you to qualify for certain types of legal assistance or exemptions.Required Documents for Divorce:Typically, the documents required for a divorce include:1. Marriage Certificate: Proof of marriage is essential to initiate divorce proceedings.2. Address Proof: This could be a utility bill, driver’s license, or lease agreement showing your current address.3. Proof of Identity: This includes identification documents such as a passport or national ID card.4. Income Proof: To help with any financial assessments, you may need to provide income statements, salary slips, or bank statements.5. Proof of Grounds for Divorce: Depending on the grounds you are filing for, any relevant documentation or evidence might be required.

Q: proven udultry in Crpc 125 case

When I suspected my wife, I inquired and it became clear that she was having an extra-marital affair. But she said in her defense that the person forced the relationship by threatening to make the photo and video viral. And a case of rape was registered against that person. She herself went home. And filed crpc 125 against me. How can I prove extramarital affair in court... pls guide...

Advocate Kiran Ashok Gangurde answered
1. Proving Extra-Marital Affair in Court: To prove an extramarital affair, you would typically need strong evidence, such as photographs, messages, call records, or witness testimonies. However, given your wife’s claim that she was coerced into the relationship, this situation becomes more complicated. The court will consider the claim of coercion seriously, especially if she has already filed a case of rape against the other person involved.2. CRPC Section 125 (Maintenance Claim): Under Section 125 of the Code of Criminal Procedure, your wife can claim maintenance from you if she is unable to support herself. However, if you can establish that she was voluntarily involved in an extramarital relationship, it may impact her claim for maintenance. Courts often view adultery as a factor in deciding maintenance claims. You would need to gather evidence carefully, with the guidance of your advocate, to present a strong case.3. Steps You Can Take:Document Evidence: Gather any evidence that may support your claims of an affair, such as messages, emails, or any statements from people who can testify about the nature of her relationship with the other person.Prepare for Defense: Work with your advocate to present this evidence effectively in court and argue that her actions were voluntary.Challenge the Coercion Defense (if applicable): If you believe her claim of coercion is false, you may also gather evidence or testimonies to dispute her story. This can be a sensitive issue, so it must be handled carefully and ethically.4. Consult Further: Given the complexities involved, especially with the parallel rape case, I would recommend a detailed consultation to strategize the best course of action. This will allow us to review all available evidence and decide on a strong legal approach.