Advocate Manas Sarania

Questions Answered by Advocate Manas Sarania

Q: Legal action as daughter in law physically abuses mother in law

 My problem is that besides me we have 4 members in our house (mother , brother ,his wife and niece). My brother's wife assult and misbehave with my mother and my brother and if said so, starts blackmailing us to put us behind the bar by committing suicide herself. Its been a very serious problem since last 7 months. Please help, what should we do now.

Advocate Manas Sarania answered
Complaint to police stating the actual facts through your mother then see what happen. Asked your brother to lodge an information to police regarding her alleged threat for commission of suicide. If she is still continuing then talk with advocates for legal advice.

Q: Wife makes husband sign mutual divorce agreement forcefully

my wife & their family has forcefully signed me the agreement of mutual divorce with an aluminiy of Rs 350000, to tortured us & already took Rs 12 lakhs & I am incapable of paying the rest of the amount. what if I do not go for next hearing date in the court.

Advocate Manas Sarania answered
In case of mutual divorce there cannot be any precondition. You could have informed the court that the signature in the agreement is taken by force and you do not wish to divorce her. If you have not already divorced her than file complaint before court or police. But this advice is not explore able until details of facts are brought into notice.

Q: Possibility to get bail against case filed by wife u/s 498a of IPC

My husband lodge an for against mi IPC section 448/323 on 14april 2018, after that I have lodge an fir against him IPC section 498a/294/506 on 28 may 2018 with some evidences as a proof..A.S.I called both of us for investigation and give time for 7 days for mutual understanding between us...now my question is does my husband have to take bail or what steps he can take against m

Advocate Manas Sarania answered
If you do not insist police, the police may not take action against him. Otherwise also as there is cross cases so police will treat the complaints as domestic violence and in case of domestic violence immediate arrest is not necessary. Before arrest preliminary investigation is necessary.

Q: What to do to avail state medical quota in a state

My daughter studied in assam till class 9 and then passed 10th & 12th in West bengal. now would she get admission in mbbs under 85% state quota in Assam as ,as per the norms of DME,Assam, candidate should study in Assam from claas vii to x in assam.if so,is there any legal process to solve this problem,aa this same is faced by many candidates last year.kindly solve my problem.

Advocate Manas Sarania answered
You are absolutely correct. But if you are a central govt employee due to your transfer she was compelled to study there or you are a state govt. employee you are in dilution those period of study then there possibility.

Q: Court grant divorce to wife even if husband not ready for divorce

May ra wife 2 years sa alag raha rahi ha. mayna usa 2 bar mara tha isliya. Mayra 3 Years Ka son ha.bho muja divorce dana chati ha.may usko divorce dana ka liya raji nahi hu.agar court may usa mayra permission ka bina divorce mil sakta hay kia?

Advocate Manas Sarania answered
No. Without servicing Court notice to you, court can't divorce your wife. If you after getting the notice does not appear and contest the case than Court can pass exparte order of divorce against you.