Advocate Mahendrakumar S Sonawane

Questions Answered by Advocate Mahendrakumar S Sonawane

Q: My husband having a relationship with his exgf nd torture me mental

My husband family torture me mentally nd physically try to harm me

Advocate Mahendrakumar S Sonawane answered
Under the Protection of Women Under Domestic Violence Act, 2005, you can file a complaint against your husband and family if you happens to face domestic violence such as acts of physical, emotional, sexual, economical violence and other acts of ill-treatment.Section 498a IPC is used by a woman in India to file a complaint against her husband for mental, physical, and psychological or any other agony or harassment

Q: Forced to stay in a live on relationship

I'm staying in a live in relationship with a guy since 2016. It's been 5 years now that I'm with him. I don't want to stay with him anymore, there are many reasons for that;n1. What ever I earn I have to give it to himn2. He doesn't give me pocket money alson3. Keeps a calculation of even 10/- where did I spendn4. Can't use money without his permissionn5. Absusesn6. Physically Abusen7. Mental torturen8. To meet mt parents I have to take his permission, 99% he says NO. Today I have no relationship with my parents. n9. I can't go out with friends or meet themn10. He just wants me to work work and only worknEtc..... nWhen I tell him that I don't want to stay with him, he gets violent. nI have lost all hope and confidence to face this situation. I'm all alone. Please help me get out of this.

Advocate Mahendrakumar S Sonawane answered
Suggested to live seperately from your guy with immediate effect. Such behavior may lead to criminal offence. You also may seek for maintenance by living seperately. Maintenance in a live-in relationship is decided by the court in accordance with the Domestic Violence Act and the individual facts of the case. A woman can claim maintenance in case a live-in relationship doesn't work out but there is no provision as such for a man.

Q: 498 and criminal case on me ..if she admits its wrong can i file a cas

My wife filed criminal drowy and domestic violence case against me n my family.....how much time it takes to dissolve that case if she is ready to take it back

Advocate Mahendrakumar S Sonawane answered
your wife is willing to withdraw 498a Case against you and have made agreement with you with that effect between you and if charge sheet is submitted by police then it will take 2-3 date for completion and for MCD it required 180 days .

Q: me and my few family members have been accused of domestic violence

Hello. My wife has registered a case under domestic violence by adding me and my few family members names. While me and my wife are seperated since more than 3.5 years and the last time i have met her is almost 2years back. all of the accusitions are false and the demand is meaningless (1 crore). Iam living abroad since 2013. my family living and based in chennai received the court order to appear on mumbai high court on 4aug. iam helpless and saddened. Please advise lega help. thank you.

Advocate Mahendrakumar S Sonawane answered
Your attempt to stay with her not sufficient if during trial she could establish that due to tortures and cruelty it was or would not be possible for her to live with you.2. iN 125 case it is very difficult to avoid maintenance even if rima facie it is established that wife is not willing to stay. Only in the last week the supreme court in Anil Kachhwa case has made it clear that such consideration can not be conclusively proved in summary trial like that of case u/s 125 crpc.In PWDV Case the law is silent about consequences from wilful refusal of the wife to sty together with the husband making your case further difficult.So fight the case on merit and try to lessen her maintenance as little as possible.

Q: My husband has not shared his new contact details

My husband has changed his contact number and has not shared it with me. Can it be a ground to file a case against him? He has already cheated me, so I am going ahead for a divorce. At present he is underground with no contact to anybody, including his family members. What can be done in this scenario? Thank you for your response in advance

Advocate Mahendrakumar S Sonawane answered
First off all, file missing complaint with local police station. Yes, you are fully competent to file a FIR against your husband and that women under the provisions of adultery. In such a situation they will be punished for the offence what they had committed only.