Advocate M. Mahati

Questions Answered by Advocate M. Mahati

Q: Mental harassment and provocation by wife

HINDU i am second time ( first legal divorce in 2011) married for last 6 years in 2012 my wife is harrassing and abusing me. i was in corporates and left job in june 2016 and staying in her owned house for past two years. i am presently looking for a self employed job, she is always abusing and trying to provoke me without any reasons and looking for opportunities so that i might get provoked and do her harm and she can then report the matter to police or a lawyer. she says she does not want to stay with me, but at the same time when I say her for mutual divorce she does not answer anything. I have now concluded that she is knowingly harassing me. and always looking for an opportunity to belittle or demean me when we are alone but in social is does not do this. at times rarely she is fine with her behaviour. I am at a loss at her behaviour. she is self employed and B A M S doctor and doing well. I do not have any bad intentions towards her property or money. i am medically fit at 54 yrs

Advocate M. Mahati answered
Yes you are right, she is trying to provoke you, don't succumb to her provocation. Always try to be cool with her and try to understand what she wants. If you want to separate try it to be mutual because that will take less time. Meanwhile collect evidence like her income tax return, her employment proof etc. Also make sure she is not recording anything that might go against you.

Q: Limitation period for filing a case for sexual harassment

I made my complaint personally handed over to police on 19-5-2018. My case is regarding 'sexual harassment as a minor'. Till now they have not lodged a FIR. They are saying the case is 'too old'! What to do?

Advocate M. Mahati answered
There is no limitation to file the case for sexual harassment. If police is not lodging fir, go to woman's helpline or give an application to the SSP of your area. If they say that it is very old you can tell them that police has not taken any action. If noone cooperates, go to advocate, he will give your application to magistrate.

Q: Remedy if inlaws are brainwashing wife for divorce

I married in dec 2016 love marriage my in-laws were not so happy with that. after marriage its all ok for 1 year but due to some financial problems loss in business i hv to take wrong steps i morgaged my wifes jewellery without knowing her but after sometime everybody know that i hv done that . I always felt ashamed of that but my wife pardon me but my inlaws brainwashed my wife and took her to their home and filed for divorce and they threatend me that if dont do that they will take me in wrong case Now me and my wife dont want divorce but they not allowing What should i do?

Advocate M. Mahati answered
If you and your wife don't want to get divorced, noone can separate you, not even the court. You and your wife can talk to your in-laws and convince them that whatever mistake you have done you will correct them and also get back your wife's mortagaged jewellery.

Q: Complaint against friend for recovery of loan given to him

My friend had borrowed 18 lacs frm me sincemy mother sikd house for 35 lacs ..we gave him this amt at different times ..now its been more then 1.5 years.but he gave cheque of 18 lacs wch got bounced..policenot lodging FIR of 420 .plz guide how to procees .notice for same has already been sent

Advocate M. Mahati answered
This is a clear case of section 138 NI Act. If you don't receive any response for the notice within 15 days, you can consult an advocate and file a plaint under NI Act in the court which has jurisdiction over the area where the deposit bank is located.

Q: What to do if my wife is torturing me

i want to know about divorce im physically handicapped person,alone son of my family,govt job and my parents suffering serious disease, my wife and her family torturing to me and my family,they demand all money and property from me, so i need help

Advocate M. Mahati answered
Please seek a lawyer's help and file a divorce in your area family court. If the grounds for divorce can be proved with evidence, you will get divorce. You may be asked to pay some alimony if your wife is not earning.